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Home My WebLink About2008-09-08 PC Packet - Part 1 illwater "~ ~ THE BIRTHPLACE OF MINNESOTA ~ CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, SEPTEMBER 8, 2008 The CitY. of Stillwater Planning Commission will meet on Monday, September 8,2008, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings are open to the public. AGENDA 1. CALL TO ORDER 2. APPROVAL OF August 11, 2008 MINUTES 3. PUBLIC HEARINGS. Public Hearings are held during the Planning Commission's regular meetings. The Chairperson opens the hearing and will ask City Staff to provide background on the proposed item. After the staff presentation, the Chairperson will then ask for comments from the applicant on the proposed item. The Chairperson will then ask if there is anyone present who wishes to speak for or against the proposed item. The Chairperson may require a time limit on the number of minutes each member of the public may speak, normally five minutes. Members of the public who wish to speak will be requested to step forward to the podium and must state their name and address. At the conclUSion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. Case No. 08-28. A request for approval of a senior care living facility to be located at 12525 - 75th St. No. The specific request IS for aQproval of: 1) a City Code text amendment to allow senior care living facilities by Special Use Permit (SUP) in the Shoreland Overlay District; 2) a SUP for a 101 unit senior care living facility in the Shoreland Overlay District and the RB, Two Family Residential District; 3) a rezoning of the property from AP, Agricultural Preservation to RB, Two Family Residential; 4) a parking variance; 5) a preliminary plat; and any related variances. Greg Johnson, applicant. Continued from the August 11, 2008 meeting. No. 08-31. A variance request to the sign regulations for tne building located at 14430 60th Street North, Edina Realty, In the BP-C, Business Park Commercial District. Schad Tracy Signs, applicant. Continued from the July14, 2008 meeting. Case No. 08-39. A zoning text amendment to Section 31-204, Subd. 6(a)(1) of the Zoning Code to allow a Special Use Permit or a Conditional Use Permit to have a 10nger validity period than two years for phased projects. City of Stillwater, applicant. Continued from the August 11, 2008 meeting. Case No. 08-40. A street vacation request for a 166 x 30 foot portion of Panama Avenue and a 82 x 60 foot portion of Hubert St in the AP, Agricultural Preservation District. Washington County Public Works, applicant. Case 'No. 08-41. A variance request for the construction of a two-car garage located at 1 Ridge Lane in the RA, Single Family Residential District. Michael Sheehy, applicant. Case No. 08-42. A special use permit request for a hockey training facility and retail store and an amendment to the BP-C District zoning regulations to allow recreational use located at 2510 Curve Crest Blvd in the BP-C, Business Park Commercial District. John Funk, Grassroots Hockey, applicant. Case No. 08-43. A special use permit request for a Master Plan for Lakeview Hospital and a variance to the building height regulations and lot coverage located at 927 West Churchill Street in the RA, Single Family Residential District and the RB, Two Family Residential District. Peter Smith, BWBR, applicant. 4. OTHER BUSINESS 4.01 Parking ramp update 4.02 Business Park Signage 3.01 3.02 3.03 3.04 3.05 3.06 3.07 CITY HAll: 216 NORTH FOURTH STREET . STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 · WEBSITE: www.ci.stillwater.mn.us City of Stillwater Planning Commission August 11, 2008 Present: Dave Middleton, Chairperson, Suzanne Block, Mike Dahlquist, Erica Fultz, Taylor Luke, Wally Milbrandt, David Peroceschi and Charles Wolden Staff present: Community Development Director Turnblad and Planner Pogge Absent: Dan Kalmon Mr. Middleton called the meeting to order at 7 p.m. Approval of minutes: Mr. Dahlquist moved approval of the July 14, 2008, minutes. Ms. Block noted an error in the spelling of her name. Mr. Dahlquist amended his motion to approval with the correction to Ms. Block's name. Ms. Fultz seconded the amended motion; motion passed unanimously. PUBLIC HEARINGS Case no. 08-30 A street vacation request for a 150-foot portion of Aspen Street between 1001 N. Fourth St. and 920 N. Third St. in the RB, Two Family Residential District. Scott Junker, representing David and Bev Junker, applicant. Continued from the July 14, 2008, meeting. Mr. Pogge stated that since the last meeting, Ms. Josephine Kiel has withdrawn her request that the southern portion of the right-of-way be vacated to her. There have been no other changes, he said, and staff continues to recommend denial. Mr. Wolden asked what happens if only one property owner requests a vacation; Mr. Pogge stated that the other portion of the right-of-way remains with the City. Mr. Luke asked if there would be any benefit to the City in granting the vacation. Mr. Pogge said there would be no benefit other than the potential for one additional home in the future. Scott Junker and David "Choc" Junker were present. Scott Junker stated there would be ample access to an existing water services and access for a potential future trail should the vacation be granted. He said they are merely requesting the vacation of property that has been vacated for 40 years. He briefly addressed the potential for constructing a home on the property but stated that at this time, they are only requesting the street vacation. Mr. Middleton opened the public hearing. Pat Sullivan, 921 N. Fourth St., spoke against the request. He stated the vacation would be of no benefit to the City. The right-of-way has not been maintained, is not plowed and just provides space to store another vehicle. No other comments were received, and the hearing was closed. Mr. Dahlquist noted that utilities are in place and the right-of-way is being used for a public purpose, and there is no benefit to the City to vacate the right-of-way. Mr. Milbrandt agreed that the vacation would not be of benefit to the residents of the City. Mr. Wolden noted the street vacation would just increase the size of the applicant's lot and there is no reason to grant the vacation until there is a plan in place that demonstrates it would be feasible to construct an additional home on the property. Mr. Dahlquist moved to deny Case No. 08-30. Mr. Wolden seconded the motion; motion passed unanimously. City of Stillwater Planning Commission August 11, 2008 Case No. 08-31 Mr. Pogge told the Commission that this issue is scheduled to go before the Council and asked that it be tabled until the September meeting. Mr. Peroceschi, seconded by Mr. Milbrandt, moved to table this case as recommended by staff. Motion passed unanimously. Case No. 08-34 A Zoning Text Amendment to allow "amusement and recreation establishments" by special use permit in the BP-O, Business Park Office District, and special use permit for a skateboard center at 1901 Curve Crest Blvd., Suite 101. Paul Weiler, Youth Service Bureau, Inc., applicant. Mr. Turnblad reviewed the request and staff findings. He noted that the requested use currently is not an allowed use in the BP-O District. While there currently are a wide variety of uses in the BP-O District, including an existing recreational use, staff would recommend against the proposed Zoning Text Amendment as it is felt it would further dilute the core purpose of that district, the provision of office uses, he said. Mr. Turnblad said if Council should vote in favor of the text amendment, the Commission should also make a recommendation regarding the requested special use permit. It was noted that a special use permit runs with the property. It also was noted that the use is permitted in all commercial areas in the City except in the commercial part of the Business Park. There was discussion as to the current mix of uses in the BP-O District and the history of the zoning. Several Commissioners commented on the inconsistency of the uses and zoning. Speaking on behalf of the applicant were Paul Weiler, executive director of the Youth Service Bureau, and Michele Henson, a volunteer working to keep the skate park, which formerly was operated by Graffiti Teen Center and then the Salvation Army, operating in this new location. Mr. Weiler explained that the Youth Service Bureau's involvement in trying to keep the skate park operating and available to local youth. He said the hope is to get the skate park to be self- sustaining and eventually operating as a non-profit on its own. Ms. Henson said after the Salvation Army facility closed in January, she spent two or three months looking for other suitable spaces, and she said there are no other options, other than this space, available at this time. She stated she didn't think the skateboard facility should cease to exist as it provides a safe, supervised area and good place for kids who aren't involved in other organized activities. Mr. Middleton opened the public hearing. Kevin Kiel and his son, Sam Johnson, 722 Anderson St. W., spoke on behalf of the request. Mr. Kiel said the skate park offers a safe environment for kids who can't afford to ski or are not interested in other organized sports. He urged the Commission to support the request. Sam said he thought kids would use both this indoor facility and the City's outdoor facility, located a few blocks away. Robin Kane, Lookout Street, spoke in support of the request. She said she has three children who used the skate park before it closed. She said the facility is a great place and urged the Commission to support it in any way possible. No other comments were received, and the hearing was closed. There was a question as to whether the proposed text amendment would be specific to skate parks; Mr. Turnblad 2 City of Stillwater Planning Commission August 11, 2008 responded in the negative, noting that "amusement and recreational centers" are already defined in the zoning ordinance. Mr. Dahlquist asked if there are other areas in the City zoned BP-O and whether any change in zoning of this area is envisioned in the Comprehensive Plan update; Mr. Turnblad stated this is the only BP-O area in the City, and no changed is contemplated in the Comp Plan. Ms. Block spoke in favor of the request, speaking to the existing inconsistency of uses in the district and the benefit to the community of allowing such a use. Ms. Fultz also spoke of the benefit of the use. Mr. Wolden stated he was confused by the definition of "amusement". Mr. Milbrandt suggested that the zoning definition could be narrowed; Mr. Dahlquist suggested perhaps narrowing the definition by adding language that such permitted centers be operated by youth services organizations. Mr. Milbrandt moved to approve the ordinance amendment with staff to develop the definition of "amusement and recreation centers" consistent with the discussion at this meeting and to approve the special use permit with the five conditions suggested by staff. Ms. Block seconded the motion. Mr. Wolden expressed a concern about safety near the rear entrance. Ms. Henson stated there is very little traffic in the rear of the building. Mr. Dahlquist asked about parking requirements. Ms. Henson stated based on past experience, there is little need for parking as most parent drop their children off. Mr. Middleton agreed that when the skate park was located in the George W. Olsen building, he never saw a problem with parking. Mr. Dahlquist asked if there would be any other programs offered at the facility; Ms. Henson responded in the negative. Motion passed 7-1, with Mr. Luke voting no. Case No. 08-35 A special use permit for a business, Aayleen's Attire, out of a residence located at 623 W. Oak St. in the RB, Two Family Residential District. Grace Morgan, applicant. Mr. Pogge reviewed the conditions required for the issuance of a Type III home occupation permit and stated the applicant has indicated she will meet all of the conditions. Ms. Morgan was present. She clarified that her business also includes alterations by appointment. She noted that off-street parking is available on Martha Street and showed a photo of her sign, which will be slightly smaller than the 2x2 allowed. Ms. Morgan also stated she does not have industrial machines, so there is no noise factor. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Wolden, seconded by Mr. Luke, moved approval as conditioned. Motion passed unanimously. Case No. 08-28 A request for approval of a senior care living facility located at 12525 75th St. N. which involves a request for approval of: A City code text amendment to allow senior care facilities by Special Use Permit (SUP) in the Shoreland Overlay District; an SUP for a 101-unit senior care facility in the Shoreland Overlay District and the RB, Two Family Residential District; a rezoning of the property from AP, Agricultural Preservation, to RB, Two Family Residential; a preliminary plat; and any related variances. Greg Johnson, applicant. Mr. Turnblad reviewed the requests and staff report, highlighting the requested code amendment, proposed rezoning, preliminary plat requirements, civil engineering issues, and 3 City of Stillwater Planning Commission August 11, 2008 parking. Mr. Wolden suggested a zoning other than RB to be more in keeping with the Lakeshore Residential (LR) properties to the south. Mr. Wolden asked what happens if the project does not move forward; Mr. Turnblad responded that zoning does not change until the final plat is approved. Mr. Dahlquist suggested the possibility of changing the zoning to RA, rather than RB. Mr. Milbrandt asked if the DNR had reviewed the proposal; Mr. Turnblad responded that the DNR is OK with the proposal and thinks it will have less of an impact than a multi-tenant building. Mr. Dahlquist asked about parking provisions; Mr. Turnblad reviewed his parking calculations and stated excess parking is built into the calculations to provide for visitor parking. Representing the applicant were Greg Johnson and Tim Freeman of Folz, Freeman and Erickson. Mr. Freeman stated he had talked with Molly Shodeen of the DNR, and the DNR recognizes that this proposal will have less impact on Long Lake. Mr. Freeman also stated the plan can meet all code requirements. Mr. Freeman also stated they can provide the proof of parking, one of the suggested conditions of approval, and they are within the allowable impervious coverage. Mr. Middleton opened the public hearing. Bob Aiken, 7640 Minar Lane, expressed a concern about storm water and possible impact on Brown's Creek. He also expressed a concern about lighting, and additional traffic with the rezoning. Don McKenzie, 12620 72nd St. N., stated the proposed three-story structure would change the character of the area. He said, if approved, this will alter the character and value of the surrounding land and set the direction for higher density for the surrounding land. He asked that constructing a berm and extending the tree line of coniferous trees along his property line be added as a condition. He also asked that a drawing showing eight lots on his property not be retained for City records as is would substantially reduce the value of his property, pointing out that a previous development proposal for this site indicated the availability of 20 lots. Joe Arndt, 3308 Pioneer Place, also spoke of setting a precedent for greater density if approved, and suggested the proposal would destroy the concept of the lakeshore property. John Gualtieri, 3171 Summer Fields Green, expressed a concern about the possible damage to a row of mature oaks should the sewer line be placed in that area. He asked if there was an option for installing the sewer line without destroying the trees. No other comments were received, and the hearing was closed. Mr. Johnson and Mr. Freeman responded to some of the comments/questions. Mr. Johnson stated the site plan showing the two properties to the south was not part of any agreement and was included just to provide a plan for future roadways so the property to the south would not be negatively impacted. He also stated that the views of residents of the Liberty development should not be impacted as the view is protected by mature oaks. He also stated that he had talked with Mr. McKenzie and would be amendable to providing the berm with evergreens as requested. Mr. Johnson also stated they have had conversations with School District 834 about an easement to run the sewer line through the Rutherford School ball field so the line of oaks will not be impacted. 4 City of Stillwater Planning Commission August 11, 2008 Mr. Freeman pointed out that a lighting plan in included in the application packet. He also noted that storm water ponding is all sized to accommodate future development to the south, and he noted they will have to meet the stringent requirements of the Brown's Creek Watershed District. Regarding lighting, Mr. Turnblad stated the applicant will have to do some tweaking of the size of one of the light fixtures on the back of the building as there is a slight wash in that area; he also noted that before the City Council hears the request, the applicant will have to provide cuts of the proposed light fixtures. Mr. Turnblad also noted that the applicant would like to wash the front of the building with some lighting; Mr. Johnson said they would like to have some decorative uplighting at the front of the building, but if that is an issue, they will omit that proposal. Ms. Block noted that the architecture will not be reviewed by the Heritage Preservation Commission. She asked if consideration had been given to carrying over the architectural style of the Liberty development and Rutherford School, rather than the colonial look as proposed. Mr. Milbrandt agreed with that comment and suggested the use of more muted, softer colors; he also suggested limiting exterior lights to 1 and one-half stories if possible. Mr. Middleton and Ms. Fultz agreed with the suggestion to utilize more muted, softer colors. Mr. Dahlquist echoed the concerns about architectural style, suggesting the architecture should serve as a transition into the City. There was additional discussion about the proposed rezoning to RB. Mr. Turnblad suggested that rather than RB, the area could be zoned RA or LR and the use permitted with special use permit. Mr. Milbrandt said he thought the LR zoning was not consistent and noted there are not many other LR zoned undeveloped properties remaining in the City that would be affected by the change, unlike RA, where there is still a considerable amount of developable land. Mr. Wolden suggested RA seemed consistent, carrying over the zoning from the adjacent Croixwood development; he said he would like to receive staff recommendations regarding the zoning issue. Mr. Middleton said he would like to see the berm and trees requested by Mr. McKenzie added as a condition of approval. Mr. Turnblad suggested the applicant should try to get a more concrete agreement from the School Board regarding the easement for the sewer line; Mr. Freeman responded that may not be possible until final plat approval as the School District does not want to approve the easement unless the development occurs. Mr. Milbrandt, seconded by Mr. Wolden, moved to tale this case pending more information on architecture, rezoning, lighting. Motion passed unanimously. Case No. 08-36 A variance to the street side setback and rear yard setback for construction of a garage with attached breezeway at 1104 Fifth St. S. in the RB, Two Family Residential District. Kevin Riley, representing Stephen and Beverly Diemler, applicant. Present representing the applicants were Kevin Riley and Keith Bogdan. Mr. Pogge reviewed the request and staff findings, noting that the request is to rebuild the garage in the same location as the existing structure. Mr. Pogge noted that the structure was built before setback requirements were instituted. Mr. Pogge noted the garage could be moved to the south and meet setback requirements. 5 City of Stillwater Planning Commission August 11, 2008 Mr. Riley and Mr. Bogdan said they agreed with staff's alternative 1, noting that if the garage is moved to the south, it will require removing existing trees. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Milbrandt moved approval of staff's alternative 1, with the three conditions. Ms. Block seconded the motion; motion passed unanimously. Case No. 08-37 A special use permit and variance request for a restaurant (Dairy Queen) with a walk-up window at 132 S. Main St. in the CBD, Central Business District. Mark S. Balay Architects, applicant. Mr. Turnblad reviewed the request and staff findings, noting that the this proposal involves the same set of issues - parking, architectural design, outside seating - as the previous location in the Central Business District. He stated that this proposal is scheduled to go before the Heritage Preservation Commission in August regarding the architectural design, and there will be no outdoor seating. He pointed out the proposal involves changes to the front entry to provide more queuing space to keep folks off the sidewalk. Regarding the parking requirement, 27 spaces are required for this space/use. Mr. Turnblad pointed out that this location is in a parking district which provides for alternatives to the parking requirements, basically that employers are required to purchase parking permits for employees. Mr. Turnblad concluded that staff is recommending approval with the five conditions. Wally Schumacher, representing the applicant, briefly reviewed the proposed design changes to the entryway to accommodate the walk-up window. Mr. Middleton opened the public hearing. Mary Olmsted, Benson Boulevard, stated she has four children who enjoy going to Dairy Queen and spoke in favor of the proposal. No other comments were received, and the hearing was closed. Ms. Block expressed a concern about the safety of pedestrians using the walkup window located at one of the busiest intersections in town. She asked whether the walkup window could be removed if it creates a problem. Mr. Turnblad responded that he thought there are other alternatives to address problems, if they arise, and pointed out that every special use permit can be reconsidered upon complaint. Mr. Milbrandt, seconded by Mr. Peroceschi, moved approval with the five recommended conditions. Motion passed unanimously. Case No. 08-38 A special use permit for a massage therapy business and in-home mental health therapy business out of residence at 1017 S. First St. in the RB, Two Family Residential District. Heidi Presslein and Heidi Jo Knudson, applicants. Ms. Presslein was present. Mr. Pogge reviewed the 12 conditions of approval for a type III home occupation permit and stated the applicants have agreed to meet all of the conditions. Mr. Middleton asked about the mental health therapy business. Ms. Presslein stated there would be 6 City of Stillwater Planning Commission August 11, 2008 no more than two clients, for example a parent with a child, and no more than two vehicles present at anyone time. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Dahlquist, seconded by Mr. Middleton, moved approval with the 12 conditions. Motion passed unanimously. Case No. 08-39 A zoning text amendment to Section 31-204, Subd. 6(a)(1) of the Zoning Code to allow a Special Use Permit or Conditional Use Permit to have a longer validity period than two years for phased projects. City of Stillwater, applicant. Mr. Pogge noted that currently all variances, special use and conditional use permits expire two years after approval unless the project has been completed. He reviewed the proposed change which would allow for a longer period of time to complete a project if it is accompanied by a phasing plan approved by the City. He stated that Lakeview Hospital is looking for some assurance that it will be allowed to continue to develop its current multi-phased expansion plans. He noted the proposed language is not unusual, and he pointed out that Lakeview has pretty solid plans for its expansion phases 1 and 2. In discussion, members expressed concern about granting approval to a 25-50-year plan when conditions change over time. Mr. Milbrandt expressed a concern about approving a 20-25-year plan with just one public hearing cycle. Ms. Block asked what the City'/Commission could do to give the hospital some assurance it can expand, pointing out that this involves a major investment on the hospital's part. It was agreed to table this issue, with staff to come back with revised language that better "protects the City's interest." Mr. Turnblad suggested that perhaps the Planned Unit Development model of approvals might work in this instance. Mr. Milbrandt, seconded by Mr. Wolden, moved to table Case No. 08-39; motion passed unanimously. Meeting was adjourned at 10:20 p.m. on a motion by Ms. Block. Respectfully submitted, Sharon Baker Recording Secretary 7 <.Sti I ~~ t ~r_, .~......- ~, ,li[ S;Rf'KPLAC/.: O~ MlNNfSOIA J DATE: September 5, 2008 CASE NO.: 08-28 APPLICANT: Greg Johnson, Director, Select Companies LANDOWNER: Lenard Huebscher REQUEST: 1) Code amendment to allow senior care living facilities by SUP in the Lakeshore Management Overlay District 2) SUP for a 101 unit senior care living facility in the Lakeshore Management Overlay District and in the RB, Two-Family Residential zoning district 3) Rezoning of the property from A-P, Agricultural Preservation to RB, Two-Family Residential 4) Preliminary plat approval of a two-lot subdivision LOCATION: 12525 - 75th Street (Co. Rd. 12) COMPREHENSIVE PLAN: SFSL, Single Family Small Lot Residential ZONING: A-P, Agricultural Preservation REVIEWERS: Public Works Director, City Planner, Washington Co. Highway Department, Minnesota Department of Natural Resources PREPARED BY: Bill Turnblad, Community Development Director:bT BACKGROUND Greg Johnson of Select Companies is planning to develop a 101 unit senior living facility on County Road 12 just east of the Rutherford Elementary School. The senior care facility is called Select Senior Living. Residents in the senior care center will be able to choose the level of care and number of services they would like, depending upon their needs. The facility will offer independent living, assisted living, a memory loss wing, and some hospice. Staff will include an on-site nurse that will be available 24 hours a day. ~ Select Sr. Living September 5,2008 Page 2 Currently Pastor Lenard Huebscher lives on the parcel that would become the site for the senior care facility. To develop the project, Mr. Johnson and the pastor would plat the pastor's property and the church building property as two lots. Lot 1, Block 1, Select Senior Living of Stillwater would be the approximately 5 acre site for the senior care building. Lot 1, Block 2, Select Senior Living of Stillwater would be the site for the existing church and its parking lot. The pastor's home would be moved to Lot 1, Block 2 and serve as the parsonage. Infrastructure improvements that would be constructed by Mr. Johnson would include: 1) a platted public street that would align with Minar A venue and temporarily terminate at the southern property line; 2) extension of sanitary sewer and municipal water; 3) stormwater improvements; 4) a public trail along the new public street; and 5) a private trail connecting to the public trail system at two points to create a walking loop for Select Senior Living residents. The Planning Commission opened the public hearing for this case at the August 11, 2008 commission meeting. Public testimony and discussion amongst commissioners identified several items that required additional staff research. Consequently, the hearing was continued until September 8,2008. SPECIFIC REQUEST In order to develop the senior care project as proposed, a number of approvals have been requested of the City, including: 1) An amendment to the City Code to allow senior care living facilities by Special Use Permit (SUP) in the Lakeshore Management Overlay District; 2) Rezoning of the property from A-P, Agricultural Preservation to RB, Two-Family Residential; 3) An SUP for a 101 unit senior care living facility in the Lakeshore Management Overlay District and the RB, Two-Family Residential zoning district; and 4) Preliminary plat approval of a two-lot subdivision to be known as Select Senior Living of Stillwater. EVALUATION OF REQUEST 1. CITY CODE AMENDMENT A portion ofthe senior care facility site lies within the Shoreland Management Overlay District for Long Lake. The City Code limits the land uses within the shoreland district to: single-family homes, parks and historic sites, and cropland.! Therefore, Mr. Johnson has requested an amendment to allow senior care living facilities by Special Use Permit within the shoreland overlay district. I City Code Section 31-402, Subd. 4(b)(1). Select Sf. Living September 5,2008 Page 3 Residential uses within the City's shoreland districts are reasonable. Single family uses are already permitted. And, senior care facilities can be developed with sensitivity to lake resources. However, since the potential impact to the resources can be greater for the larger buildings and impervious surfaces associated with senior care facilities, a Special Use Permit should be required. This would give the City, neighbors, the Department of Natural Resources and the developer an opportunity to address potential impacts and mitigation more thoroughly. City staff has discussed the idea of senior care by SUP with the Area Hydrologist for the DNR. Though that was a year ago, she believed it was within the realm of possibility. II. REZONING The property is currently zoned A-P, Agricultural Preservation. At city staffs suggestion, Mr. Johnson requested a rezoning to RB, Two-Family Residential. At the Planning Commission meeting of August 11, 2008 there was discussion regarding several other potential residential zoning districts that should be considered along with the RB district. The LR, Lakeshore Residential Zoning District, the RA, Single Family Residential Zoning District, the TR, Traditional Residential Zoning District, and the CR, Cottage Residential Zoning District were all considered along with the RB district. No decision was reached by the commission on which of the three may be the most appropriate. Instead, staff was asked to bring back a comparison of advantages and disadvantages for each ofthe potential districts. The table below compares the five districts. TR RA RB CR LR Min lot size 10,000 sf 10,000 sf 7,500 sf 6,000 sf 20,000 sf Use Single Fam. Single Fam. Single Fam! Single Fam! Single Fam. Two- Fam Two- Fam B1dg height 2 Yz or 35'2 2 Yz or 35'2 35' 2 or 28,2 2Yzor35,2 Impervious NS3 30% 25% bldg NS3 NS3 25% imperv Comp Plan No No Yes Yes No consistencv Spot zonin\;!: No ? Yes ? No Sr. living No Yes Yes No No allowed There are generally two criteria against which rezoning requests are measured. One is whether the rezoning is consistent with the Comprehensive Plan. The other is whether it is compatible with the neighborhood. 2 Whichever is less 3 Not Specified in Zoning Ordinance Select Sr. Living September 5, 2008 Page 4 Comp Plan Consistency Summary: From the table above, it can be seen that only the RB and CR districts are consistent with the Comprehensive Plan. Rezoning to any of the other districts would require an amendment to the Comprehensive Plan. Explanation: The current Comprehensive Plan's future land use map guides the property for SFSL, Single Family Small Lot development. The two zoning districts that are consistent with the SFSL density and land use are RB and CR zoning districts. Incidentally, either zoning district would also be consistent with the draft 2008 Comprehensive Plan's future land use map. The LR, TR and RA Zoning Districts are larger lot districts that correlate with the SFLL, Single Family Large Lot designation in the Comprehensive Plan. So the LR, TR and RA districts are not consistent with the Comprehensive Plan and would require a Comprehensive Plan amendment. Neighborhood Compatibility The proposed senior living facility is allowed by special use permit in the RA and the RB zoning districts. Which means that in general the use would be considered compatible within neighborhoods that are zoned predominantly RA and RB. Essentially these are all Stillwater neighborhoods developed prior to 1995. Staff does not believe that the fact that senior living facilities are not listed as allowed uses in any of the post 1995 neighborhoods is an indication that they would be considered incompatible in those neighborhoods. Rather, that they simply have not been considered for those neighborhoods yet. If the facility is designed properly, it could fit into any residential neighborhood satisfactorily. None the less, ifthe subject property is rezoned to anything other than RA or RB an ordinance amendment would also be necessary to allow the senior living facility in that other district. Miscellaneous Notes 1. The proposed building is a 3 story, 35 foot tall structure. The only zoning district listed in the table above that would allow that height is the RB district. If the property were rezoned to anything other than RB, a height variance would be required. 2. Through a process of elimination the most appropriate district to rezone the property seems to be RB. None the less, there are two disadvantages to rezoning to RB. a. One is that once rezoned, if the senior living facility is every demolished, two-family structures could replace the facility. In some of the other rezoning choices only single family structures could replace the facility. b. The other disadvantage is that the resulting RB district would be an isolated "spot zoning". Generally speaking, "spot zoning" should be avoided because it can create incompatibilities. In this instance, the senior living facility would be compatible with Select Sf. Living September 5, 2008 Page 5 surrounding residential neighborhoods and the spot zoning would not create a problem. Only ifit is demolished and two-family stmctures are built in its place may this cause a problem with its surrounding single family property owners. 3. Though not requested, this may also be an appropriate time to rezone the church property as well. III. PRELIMINARY PLAT A. Minimum Dimensional Standards Lot standards Minimum lot standards for the proposed RB Zoning District are compared below with the lot dimensions proposed by the developer. As can be seen, all minimum lot standards are met. Required Lot 1/ Bl1 Lot 1/ BI 2 Area 7,500 s.f. ca. 5.3 acres ca. 5.0 acres Lot Standards Width 50/ 652' 471' Frontage 35/ 425/ 942/ Depth 100' 289/ 380/ Setbacks The minimum building setbacks required in the RB Zoning District are compared below with the proposed setbacks for the senior living facility. Required Proposed From C.R. 12 100' 100/ Setbacks From South From West From Minar 25' 25' 20' 53' 9" 181/ 3 II 48/ 8 II Miscellaneous Maximum lot coverage Buildings Impervious surface Maximum building height 25% allowed 25% allowed 35' allowed 13.7% proposed 10.5% proposed 34'proposed In summary: all dimensional standards are in compliance. B. Civil Engineering . The proposed street layout has been reviewed and found satisfactory by both the City's Public Works Department and Washington County Select Sr. Living September 5, 2008 Page 6 transportation planner. The road will create a four-legged intersection with County Road 12 and Minar Avenue. It will provide access for the church, the senior living building and the underdeveloped property to the south. · There should be a temporary turnaround at the terminus of Minar Avenue. · The Washington County Highway Department requires that the final plat include a notation that access will be restricted along the County Road. . Though the senior care facility will not generate enough traffic for the County to require turn lane or bypass lane improvements, it together with traffic generated by future residential development south of the facility will require those lane improvements. Therefore, the developer should be required to deposit an escrow for a fair portion of those future lane improvements. That escrow should be deposited prior to release of the final plat or building permit, whichever may come first. · Municipal water will be extended from County Road 12 past the new building to the terminus of Minar Avenue. Sewer will be extended from the manhole in a neighboring lot in Liberty on the Lake through the elementary school property to the new building. An easement from District 834 will have to be secured by the developer for this. Sewer will also be extended to service the new parsonage location. The portion of this extension that has a diameter of 8" will require an easement to the City. · The project will include sufficient stormwater ponding capacity to manage surface water from the senior care property and a portion of the residential property to the south. A storm sewer pipe will need to be stubbed to the property line by the developer. · This development will be responsible for paying the Trout Stream Mitigation Fee of $17,414 per acre; the Transportation Mitigation Fee of $14,820 per acre; and sewer and water fees totaling $10,971 per acre. These fees will be due prior to release of the plat or issuance of a building permit, whichever occurs first. · All electrical and communication utility lines are required to be buried. · Brown's Creek Watershed District review and permit are required. C. Future Subdivision Future development of excess church property and the two underdeveloped residential properties south of the senior facility has been considered. The attached plan set demonstrates that the location of the new segment of Minar Avenue along with the extension of utilities will allow each of the three neighboring properties to develop independently of each other. The option for all to develop simultaneously as a single plat is also still preserved. Select Sr. Living September 5,2008 Page 7 There has been concern expressed by one of the landowners to the south that if the City approves the proposal, the development value of his property will drop. This is not correct. The lakeshore management overlay district within which the property to the south lies, permits residential lots with a minimum size of20,000 square feet. This does not change whether the City approves the senior living facility or not. Therefore, the development value remains the same. The speculative development value of the property to the south could be affected, though. If a developer were able to acquire all three of the underdeveloped properties in this neighborhood, and were able to buy sufficient abutting open space, and were able to receive approval of a Lakeshore Planned Unit Development from the DNR and the City, then perhaps the development density ofthe properties to the south could be higher than 20,000 square foot lots. However such a Planned Unit Development was recently attempted and failed. Therefore, lots smaller than 20,000 square feet are very speculative at this point. A letter has been received from the southerly neighbor that explains his concerns. It is attached. C. Tree Preservation A tree inventory has not been submitted with the preliminary plat application materials. It will need to be submitted with the final plat application, as will a tree replacement plan. D. Park and Trail Dedication Ordinance Standards Ordinance 963 establishes minimum public park and trail dedication requirements. In cases such as this one where the Comprehensive Plan and park planning efforts do not identify a need for on-site parkland, a park dedication fee is required in lieu of a land dedication. Park Dedication Fee Unfortunately, there is no established park dedication fee in Ordinance 963 for senior living facilities. The most similar fee may be for multiple-family projects, which requires $1,500.00 for each unit. However, the impact of a senior living project and an apartment building are not similar. Therefore, the Park Board was required to make a recommendation to the City Council on the amount of park dedication fee that should be required. They considered the matter at their August 25,2008 meeting. Their recommendation to the City Council is as follows. Select Sf. Living September 5, 2008 Page 8 Park Standard Recommenced Recommended usage fee/unit fee/unit Total Memory loss 0% $1,500 $0 $0 Assisted living 0% $1,500 $0 $0 Independent living 50% $1,500 $750 $26,250 RECOMMENDED TOTAL $26,250 Total park dedication fee would therefore be $26,250 for the project. Trail Dedication Fee In addition to the park dedication fee, Ordinance 963 also requires a trail dedication fee if a trail is not to be built and dedicated to the public. In this project a public trail is proposed along Minar Avenue that would connect to the County Road 12 trail. The cost of public trail construction should be deducted from the required trail dedication fee. However, as with the park dedication fee, it is unlikely that the impact of the project's residents upon the trail system will be in the same order of magnitude as a standard apartment building. Therefore, the Park Board made the following recommendation for a reduced fee. Unit type Recommended Total $0 $5,875 $17,500 $23,375 Number of uni ts Trail Standard fee/unit $500 $500 $500 Recommended fee/unit Memory loss Assisted Ii ving Independent living 19 47 35 25% 100% The total trail dedication fee would therefore be $23,375 minus the cost to the developer of constructing the public trail along Minar Avenue. E. Parking The industry that serves the senior living population evolves so rapidly that the City Zoning Ordinance does not have a specific requirement for the proposed facility. There are specific requirements for "boardinghomes for the aged", "institutions for the aged", and "nursing homes". The parking requirement for each of these is one space for each five residents plus a space for each employee on the largest shift. This parking standard recognizes that the residents are not driving and do not need personal parking spaces. These facilities only need visitor and employee parking. Select Sf. Living September 5, 2008 Page 9 The proposed senior living facility is not a nursing home. But, the proposed facility will have a number of residents that do not drive. There are 19 planned memory care units and 47 planned assisted living units. The residents in these units typically do not drive. So, for these 66 units it would be appropriate to apply the 1 per 5 standard, resulting in 13 required spaces for these residents. The independent living units will have more driving residents. In similar facilities in the metro area there is on average fewer than one driver per unit. But to be conservative we could require one space for each ofthe 35 planned independent living units. That would allow spaces for visitors as well. In addition to the residents and visitors, there will be as many as 10 staff members on the site during the day shifts. There will be fewer during night shifts. And, to be conservative 10 spaces should be allowed for various volunteers and deliveries. In summary, this would result in the need for 13 memory loss and assisted living spaces, 35 independent living spaces, 20 spaces for staff and assorted daytime volunteers and deliveries. This is a total of 68 spaces. The proposed facility will have 68 spaces. 22 will be in the surface lot and 46 in the underground garage. Unless employees and volunteers park in the underground garage, surface spaces may not suffice. Consequently, 10 proof-of- parking spots should be provided. If needed, these spaces could be built. IV. SPECIAL USE PERMIT If the City Council approves the requested amendment to the City Code, then the senior care facility would be allowed by SUP in both the RB Zoning District and the shoreland overlay district. Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved ifthe Planning Commission finds that: (A) The proposed use conforms to the requirements and the intent of the Zoning Ordinance, the Comprehensive Plan, and any relevant area plans. Zoning Ordinance All relevant Zoning Ordinance standards have been reviewed in previous sections of this report. Comprehensive Plan The Comprehensive Plan's housing chapter encourages providing a range of housing opportunities for the aging and elderly. One tool identified for doing this is through the zoning ordinance, which allows higher density senior residential facilities by SUP in several ofthe City's single family zoning districts. Select Sf. Living September 5, 2008 Page 10 The Comprehensive Plan's future land use map guides the subject property for SFSL, Single Family Small Lot development. The two zoning districts that are consistent with the SFSL density and land uses are the RB and the CR zoning districts. The proposed project is proposed to be zoned RB. (B) Any additional conditions necessary for the public interest have been imposed. Architectural design - The project site is not located within a historic residential neighborhood, downtown, or the West Business Park. Therefore, no architectural standards are mandated, nor is a review by the Heritage Preservation Commission required. None the less, architectural design is important to the City and its residents. At the August Planning Commission meeting there was discussion about the color and materials associated with the exterior facades. The original proposal was predominantly white, which accentuated the three story height of the building. In this semi-rural neighborhood the Planning Commission thought that the color scheme would be out of place. It was suggested that colors from Liberty on the Lake be worked into the fa<;ade. The developer subsequently created two other exterior options. They are attached. Option A removes the front entrance columns. Option B retains those columns. Both options introduce a predominantly "non-white" color palate. Option B 1 uses beige trim and accent, whereas Option B2 uses white trim and accent. The columned option looks less institutional and is therefore preferred by the developer and by city staff. The Planning Commission should consider the options and make a recommendation. Lighting - A lighting plan has been submitted with the application materials. The illumination spillover is held at 0.0 luminaires along C.R. 12, along the elementary school property line and along most of the southern lot line. The pole mounted light near the southeast comer ofthe building casts 0.1 luminaires at the southern lot line. The lighting plan should be revised to hold this at 0.0 luminaires. Also, prior to City Council consideration of the proposal, cut sheet details should be submitted for each of the exterior fixtures. This will help review both aesthetic considerations as well as glare potential. (C) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. · At the public hearing before the Planning Commission in August, the neighbor to the south requested upgraded landscaping along the southeastern portion of the site. This would help break up the mass of the building from his point of view. The developer will berm the southeast comer of the site and add landscaping as shown in the attached landscape plan. Select Sf. Living September 5, 2008 Page 11 ALTERNATIVES A. Approval If the Planning Commission finds the proposal to be satisfactory, it could recommend approval of the SUP, code amendment, rezoning, and preliminary plat with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: . Proposed Layout Plan dated 9/4/08, Sheet 3 of 14 · Proposed Grading Plan dated 7/18/08, Sheet 5 of 14 . Proposed Utility Plan dated 7/18/08, Sheet 6 of 14 . Proposed Lighting Plan dated 7/18/08, Sheet 7 of 14 · Proposed Landscape Plan dated 9/4/08, Sheet 8 of 14 · Proposed Site Plan dated 7/18/08, Sheet A 1.1 · Proposed First Floor Plan dated 7/18/08, Sheet A2.2 . Proposed Garage Floor Plan dated 7/18/08, Sheet A2.1 . Second Floor Plan dated 7/18/08, Sheet A2.3 . Proposed Third Floor Plan dated 7/18/08, Sheet A2A . Proposed Front Elevation dated 7/18/08, Sheet A3.1 2. The Special Use Permit shall not become effective unless the City Council and DNR approve a City Code amendment allowing senior care living facilities as a specially permitted use in the Shoreland Management Overlay District. 3. The rezoning of the property shall not become effective until the applicant receives Final Plat approval from the City Council. 4. The preliminary engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction prior to Final Plat application. 5. Prior to City Council consideration of the proposal, a tree inventory shall be submitted together with a tree replacement plan if needed. 6. A permanent utility easement shall be created for the 8" sanitary sewer line that runs eastward from Minar Avenue to the church. It shall be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement shall be fully executed and submitted to the City prior to release of the Final Plat for recording with Washington County. 7. A permanent utility easement shall be created for the sanitary sewer main that will run along the elementary school property. It shall be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement shall be fully executed and submitted to the City prior to release of the Final Plat for recording with Washington County. The easement shall be located in such a way as to minimize the removal of existing mature trees. 8. Prior to release of the Final Plat for recording with Washington County, a park dedication fee in an amount found satisfactory to the City Council shall be submitted to the City. Select Sf. Living September 5, 2008 Page 12 9. The Final Plat shall include restricted access to County Road 12 along both lots. 10. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for Final Plat approval. 11. Trout Stream Mitigation fees, Transportation Mitigation fees, and sewer and water fees will be due and payable prior to release of the Final Plat for recording with Washington County, or prior to issuance of a building permit, whichever occurs first. 12. The Final Plat application materials shall include a temporary turnaround at the terminus of Minar Avenue. The turnaround shall be found satisfactory to the Public Works Director and the Fire Chief. 13. Prior to release of the Final Plat or building permit, whichever occurs first, the developer shall deposit a County Road 12 lane improvement escrow with the City in an amount found satisfactory to the Public Works Director. The escrow shall be sufficient to cover the senior care living facility's fair share of the cost of constructing a future bypass or turn lane for the Minar Avenue intersection with County Road 12. 14. A storms ewer pipe extension to the south property line shall be included within the Final Plat application materials. The details of said stormsewer pipe shall be found satisfactory to the Public Works Director. 15. A development agreement in a form and with content found satisfactory to the City Attorney and the Public Works Director shall be submitted for approval by the City Council. Said development agreement must be found satisfactory to and approved by the City Council prior to release of the Final Plat for recording with Washington County. 16. Final Plan application materials shall include ten code compliant proof of parking spots in the site plan. 17. The lighting plan shall be revised in the Final Plat application to hold the illumination level at the southern property line at 0.0 luminaires. 18. Prior to City Council consideration of the proposal cut sheet details shall be submitted for each of the exterior fixtures. C. Table If the Planning Commission finds that the application is not complete enough to make a decision, it could continue the review for additional information. D. Denial If the Planning Commission finds the proposal to be unsatisfactory, it could deny the SUP and recommend denial of the remainder ofthe requests. With a denial, the basis of the action should be given. Select Sf. Living September 5, 2008 Page 13 RECOMMENDATION Staff finds the proposal to be consistent with the comprehensive plan, compatible with the neighborhood and in keeping with City Code standards. We therefore recommend approval with the conditions found in Alternative A above. cc Greg Johnson Molly Shodeen, DNR Area Hydrologist Kathy Widin, City Forester Attachments: Letter from Neighbor Revised Landscape Plan Revised Site Layout Architectural Options iS~;::; o~ · ~ ~U')o U ;?j oU')~ Q ~ z~ ~ ';. ~ !;i~ 01 i = ~ ~ o ~ ~ r.Jj en ~ ~ · ~6~ U ~ U") ~ ;:;- 'fill, ~ U") ~ ~ M ~~ 'i rT) ~ 0 ~ N...d .... S ~~p... ~. rFJ m~ . CIJ... e. zT ~ a. -- ~~ . .... 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") Planning Commission DATE: September 3, 2008 CASE NO.: 2008-31 APPLICANT: Jay Olson, Edina Realty REQUEST: Variance to allow a second sign for Edina Realty ZONING: BP-C, Business Park - Commercial LOCATION: 14430 N 60th Street PLANNING COMMISSION MEETING DATE: September 8,2008 PREPARED BY: Michel Pogge, City Planner REVIEWED BY: Community Development Director M1P BACKGROUND Edina Realty opened their office at 14430 N 60th Street in about 2003. At that time the company requested a variance to allow a freestanding sign in addition to their wall sign. The City's sign ordinance allows either a freestanding sign or a wall sign, but not both. The Planning Commission denied the variance request on May 12,2003. Sometime after the denial the freestanding sign was erected. In late spring of this year several council members urged staff to enforce the City's sign ordinance. That effort began in the West Business Park area by driving past each property and taking note of non-compliant signage. One of the non-compliant signs identified in this way was the freestanding Edina Realty sign. Consequently a courtesy notice was sent notifying Edina Realty of the sign code violation and asking them to bring the property into compliance. In response to the courtesy notice, Edina Realty made application for a variance to allow both the freestanding sign and the wall sign to remain in place. Edina Realty Sign Variance September 5, 2008 Page 2 of2 PLANNING COMMISSION AND CITY COUNCIL ACTIONS The Planning Commission held a public hearing and reviewed this request at its July 14, 2008 meeting. At that meeting the Commission elected to table the item and request that the City Council consider an amendment to allow additional signage in the BP zoning districts. The Council considered the Commission request at their August 12th meeting and authorized the Commission to draft and consider changes to the BP-C zoning district to allow for multiple signs on a single site. Due to the amount of time require to draft, hold public hearings, and approve an ordinance change Edina Realty has agreed to extend the review deadline to December 31, 2008. RECOMMENDATION Staff recommends the Commission table action on this request to your December 8, 2008 meeting. cSti llwate~ .. .~- -::=-- ~ '...... .." THE ijIHTHPiACf- Or- MiNNE~~Ol,J\ J Planning Commission DATE: September 5, 2008 CASE NO.: 08-39 APPLICANT: City of Stillwater REQUEST: A zoning text amendment to allow for longer permit time for phased developments. PC DATE: September 8, 2008 REVIEWERS: City Administrator, Community Dev. Director and City Attorney Michel Pogge, City Planner fv1~ PREPARED BY: BACKGROUND As the Commission is aware Lakeview Hospital is in the process of studying options for future growth over the next 30 years at their current Churchill and Greeley site. The two options they have been studying are either to remain in the current location and regenerate the facility on the site, or to relocate the hospital to a site with more acreage and growth opportunities. The hospital board has decided that they want to keep the hospital where it is, even though the site presents growth challenges. AUGUST 11. 2008 PLANNING COMMISSION MEETING The Planning Commission held a public hearing and reviewed this request at its August 11, 2008 meeting. At that meeting the Commission elected to table the item. The Commission requested that staff look at different alternatives including options for concept plan approval for staged projects similar to the current PUD ordinance; and alternative time limits for staged projects. DISCUSSION One key concern of the hospital's is related to the length of time a development permit remains valid in the City of Stillwater. City Code Section 31-204 Subd 6. (a) (1) currently states: "Each approved permit will expire and become null and void 24 months after the date on which it is approved unless the action permitted has been completed. A lesser time may be specified as a condition of project approval." As it stands, currently all variances, SUPs, PUDs, etc. expire two years after approval "unless the action permitted has been completed." This code section has been interpreted in various ways in the past. In this specific case, this language could be interpreted to mean that the construction for the first phase has to be completed within two years; or that construction for all phases has to be completed within two A zoning text amendment to allow for longer permit time for staged developments Page 2 years. It makes more sense to interpret the language for phased projects to mean that the first phase has to be completed within two years, and that each subsequent phase would occur according to the phasing schedule. Ultimately, it is difficult for the hospital to justify a multi- million dollar improvement to their existing campus with no level of comfort that in 5 to 10 years they would be permitted to continue to make improvements at the site. It is important for the City to consider not only the concerns of a neighborhood, but also the rights of an individual property owner, such as the hospitaL When they make an investment that is the foundation of future construction they need to be assured that their vested rights are secure. It is inherently wrong to allow approval of a multimillion dollar investment and yet reserve the right to deny the second story simply because it is not built within an arbitrary time period. To that end, as requested by the Commission, staff has developed two additional options for the Commission to consider. Attached as an exhibit is the detailed language for each of these options. Option 1 This is the original option that was presented to the Commission on August 11 th. This option allows for a longer time period to complete a project when it is accompanied with a phasing plan. This is not meant to provide an endless permit but rather allow for a staged project that is tied to specific dates and timelines that are part of the staging plan. This would allow the city to tie the conditions of a zoning permit to a phasing plan when a project would exceed two years. Option 2 The option is modeled on the City's PUD ordnance. The intent is to allow concept plan approval for staged developments that would extend beyond a two year period. Finals plan approval for parts of a project that would be completed within the first two years could be submit requested with the concept plan. Permit life on the final plan approvals are limited to two years. Future phases in a concept plan that is developed beyond two years or not given final plan approval with the concept plan will require a public hearing when they apply for final plan approvaL Finally, there is no guarantee that a concept plan will later receive final approval by the City. Option 3 Similar to option 1 this option allows a longer time period to complete a project. This option however limits approval to five years when submitted with a staged project plan. A property owner can request that a permit be extended once for up to five additional years. A zoning text amendment to allow for longer permit time for staged developments Page 3 AL TERNATIVES The Planning Commission has the following options: 1. Recommend that the City Council approve one of the proposed zoning text amendments to allow for longer permit time for staged developments. 2. Recommend City Council deny the proposed zoning text amendment to allow for longer permit time for staged developments. 3. Continue the public hearing until the October 13, 2008 Planning Commission meeting. RECOMMENDATION City Staff and the City Attorney recommend approval of the amendment version 1 labeled as option 1. Option 1 Subd. 6. Permit life cycle. (a) Life of permits shall be as follows: (1) Each approved permit will expire and become null and void 24 months after the date on which it is approved unless the action permitted has been completed. A lesser time may be specified as a condition of project approval. (2) An approved permit applies to the subject property and runs with the land except when, because of the nature of the use, a condition of approval requires that ownership or management is critical to the allowed use. (3) An approved permit is transferable to any future owner of the property subject to conditions of approval. (4) Any conditional or special use permit shall expire and become void where the use has ceased for six consecutive months whether or not it is the intent of the permit holder to abandon the use. (b) Extension of permits. A permit may be extended for an additional period not to exceed one year by the board or official that approved the permit. (c) Revocation of permit. Where the conditions of approval of a permit have not been met or followed, the city council must give notice to the permittee. The notice must specify a reasonable period of time within which to perform the conditions and correct the violation. If the permittee fails to comply with the conditions or correct the violation within the time allowed, notice must be given to the permittee of intention to revoke the permit at a hearing to be held not less than ten calendar days after the date of the notice. Following the hearing and if good cause exists, the city council may revoke the permit. Option 2 Subd. 6. Permit life cycle. (a) Life of permits shall be as follows: (1) Each approved permit will expire and become null and void 24 months after the date on which it is approved unless the action permitted has been completed. A lesser time may be specified as a condition of project approval. (2) An approved permit applies to the subject property and runs with the land except when, because of the nature of the use, a condition of approval requires that ownership or management is critical to the allowed use. (3) An approved permit is transferable to any future owner of the property subject to conditions of approval. (4) Any conditional or special use permit shall expire and become void where the use has ceased for six consecutive months whether or not it is the intent of the permit holder to abandon the use. (b) Extension of permits. A permit may be extended for an additional period not to exceed one year by the board or official that approved the permit. (ffi) Stqged developmelil~s.lf it is proposed to develop a project during a perioQ. which will e~c~ed two year'.s:\~fueapplicant may request concept plan approval fort~e\ElI\'!~ire proj~ct. Hov,vei~er,ii~lnpT\plan approval shall only be given forthe fi'r'$t\,phase and arw -- " '_""_:','/;_.':-:_,,> ,___._-' ";_:_"-'_': " ,_ '_ :,_ _, " ',' ,,"", - , , _,' _ _ ',_ _' -'-,-;---::::::'-":::::'_:-:-':0,,:0'__:->_><:.1',,:::;';',:::>":''':''' subseq.u~~\tphase tha:t:i,s\'proposed to be completed within the first two ye~ri~i/9Wst\;t~ ... , ., , , _ _ _,'.-' .' _ . _ _ . ",,'-',,", ,-,x" _,,:- !- ~ _' project.'F~/~i~Fe.qUe.st for final planiapprovil' for those first two be sl}.l\Di!'\littedahdr'~",i~wed in conjunction with the conceptplat&Ase~parR~e.;p!J;~Hc hearing\i$i~re.quired to bEiliheld for the. final plans associated with each stageiQft~.l1e project w!i!~~nd the firsttW9 ;!fears. OEiltailed firralplans must be submittedl@i'~c~prda~!te with theafil'jarti/~~dphasing schedule. pl1;l{'\,;apprevat Concept plan approval proceq,ures arEd:l~~~I9'H~W~i: Tl;\eaP'pticantmust fileal;tatement property under as asta;ge.d development aJilp'lication feeanq.a review deposit to cov.er estimci'ted'legal and engineering costs. Any amount remajnjlJjgil~~er administration, engineering and legal cos~shave'beeA;.\pa;iq will be refunded to applicant. If the deposit is not sufficient, the applicant mus~ suomit an additional amount totAe. r;i~y. Ii. Upon rece,jfilt of conc:e~t4Jil;I<;ln a~provat arid an;\/j:m~~:ificat'i~:futO the \~llln8't\equired;oy the grantor, t~e 'q;p,fDl:i~a:ntfnay P~4€I'&eedt@ file a reque.st tOJ filJ1c;1'Jpl~n.aplJtovtttl. iii. Concept,planapproyahfliill not bind the.ci:t;y;togranttirl'aIJHan approvlll. (2) Final plan aptD:'rb:v~l,prdcedt,J~@sforfutLJre stages. Pitlgl;PI~ifliapP~~Yal pro~e;dL!r:e~aq~p~;fo I rows : the city before final,p,lan approval mayhe.g:fti!lll1,tg<;f, iii. A public hearing on the request must be help" iv. The city mu.st eVejluate the request usin;g:i~.llcrit~ilia€Qns!~t;ent with!this chapter~ the needs of thecity!:;a!rfo::~Qrnrnon la~t'{~use planning principals and stancfards. (d) Revocation of permit. Where the conditions of approval of a permit have not been met or followed, the city council must give notice to the permittee. The notice must specify a reasonable period of time within which to perform the conditions and correct the violation. If the permittee fails to comply with the conditions or correct the violation within the time allowed, notice must be given to the permittee of intention to revoke the permit at a hearing to be held not less than ten calendar days after the date of the notice. Following the hearing and if good cause exists, the city council may revoke the permit. Option 3 Subd. 6. Permit life cycle. (a) Life of permits shall be as follows: (1) Each approved permit will expire and become null and void 24 months after the date on which it is approved unless the action permitted has been completed. A lesser time may be specified as a condition of project approval. (2) An approved permit applies to the subject property and runs with the land except when, because of the nature of the use, a condition of approval requires that ownership or management is critical to the allowed use. (3) An approved permit is transferable to any future owner of the property subject to conditions of approval. (4) Any conditional or special use permit shall expire and become void where the use has ceased for six consecutive months whether or not it is the intent of the permit holder to abandon the use. (b) Extension of permits. A permit may be extended for an additional period not to exceed one year by the board or official that approved the permit. (c) Staged developments. An application for a permit where stagingisapprov'~a:::QY:~~:~ city may be granted a validity period offive years before it expjre$pnd bec.oril:l;!~htill:~pcl void. Theugh, a lesser time rpqybe:specifiecjasa conditiQn of'prbj~ct,qpF>J7ovat (1) Extension of staged develppment permits. A perrl1it'f@.r:ClJ).appr~V"e~~~~<tgl~ development project may beextended for an additionat~p:~riocl nOt:1iq:ex~ii~:~ five .yeats hy the::boar~:\that approved the permit. (d) Revocation of permit. Where the conditions of approval of a permit have not been met or followed, the city council must give notice to the permittee. The notice must specify a reasonable period of time within which to perform the conditions and correct the violation. If the permittee fails to comply with the conditions or correct the violation within the time allowed, notice must be given to the permittee of intention to revoke the permit at a hearing to be held not less than ten calendar days after the date ofthe notice. Following the hearing and if good cause exists, the city council may revoke the permit. Planning Commission DATE: September 4, 2008 CASE NO.: 08-30 APPLICANTS: Sharon Price of Washington County REQUEST: Street vacation of a portion of Panama Ave and Hubert St LOCATION: Washington County Government Center COMPREHENSIVE PLAN DISTRICT: P A - Public Administration ZONING: P A - Public Administration PC DATE: September 8,2008 REVIEWERS: Community Dev. Director and City Engineer PREPARED BY: Michel Pogge, City Planner l~ DISCUSSION The applicant is requesting the vacation of a portion of Panama Ave along the south side of the Washington County Government Center site and a portion of Hubert St along the east side of the site. The County is currently in the process of completing a boundary registration of the site and would like to incorporate these two streets in their site in order to have a more uniform boundary. Currently there is a water main in Panama Ave that is operated by the City of Oak Park Heights. Due to this, city staff sent copies of the plans to the City of Oak Park Heights for comment. The City of Oak Park Heights raised a few items they requested be addressed before the City of Stillwater proceed with vacating the right-of-way. The county has indicated verbally that they believe the issues can be addressed over the next month and agreed to tabling the item to the October meeting. STAFF RECOMMENDATION That the Planning Commission table the vacation request to their October 13, 2008 meeting. Planning Commission DATE: September 5, 2008 CASE NO.: 08-41 APPLICANT: Michael Sheehy REQUEST: Variances to allow the construction of a 576 square foot garage to be located within the required front yard setback and the required steep slope setback. LOCATION: 1 Ridge Lane Drive COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Large Lot ZONING: RA - One Family PC DATE: September 8,2008 REVIEWERS: Community Dev. Director and Public Works Director PREPARED BY: Michel Pogge, City Planner /1-1 ~ BACKGROUND The applicant, Mr. Michael Sheehy, is requesting consideration of two variances to allow for the construction of a 24' by 24' two stall garage. The first variance is to Chapter 31-521 Subd.1 (d) of the Stillwater City Code to allow a 24 foot encroachment into the required 30 foot steep slope setback. The second is a variance to Chapter 31- 305 (b)(l) of the Stillwater City Code to allow a 25 foot encroachment into the required front yard setback. EVALUATION OF REQUEST The subject site is zoned RA, one-family residential. The lot is irregularly shaped with a substantial bluff that encompasses 54.5% of the lot along the east side of the site. The existing home does not have a garage. The RA zoning district allows up to 30% impervious surface on a site, excluding areas of steep slope. The site currently contains 42.5 % impervious surface. In reviewing the slope variance all of the following conditions must be met: 1 Ridge Lane Drive Page 2 1. A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. The topography and slopes encountered on the property are a natural occurrence not created by the property owner. The home was built in 1960 prior to the current owner purchasing the home. The location of the home and bluff is a condition that was not created by an act of the owner. 2. A variance is necessary for the preservation and enjoyment of substantial property rights; and, if granted, would not constitute a special privilege not enjoyed by neighbors. This property is zoned for a single-family home and has historically been used as a single-family home. Garages are generally considered an important element for residential properties by the Commission. The garage has been kept to a minimal size of 24' x 24' which is considered to be standard two car garage. The main issue to consider is, should the garage be oriented in a different location in order to minimum the degree of variance that is granted? In the proposal submitted by the applicant the garage is setback 6 feet from the top of bluff. Staff has mocked up two options that could be considered. The first would place the garage in the middle of the existing parking area and faces the doors toward the street. This orientation would allow a 13 foot setback from the top of bluff, an 11 foot front yard setback, and 21 foot setback from the edge of pavement with Ridge Lane Drive. A second alternative would be to attach the garage to the home. This would require additional fill on the north end of the home, disrupts landscaping on the north end of the home, and would block windows on the north end of the home. This option is not preferred by the property owner. However, a garage set in this location could meet the require setback from the top of bluff and could be setback 19 feet from the front property line. This second option would require the least amount of variances. 3. The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan. The purpose of the steep slope regulations, as full described in Chapter 31-521, is to protect the health, safety and community welfare and to otherwise preserve the natural environmental resources of the city in areas having significant and critical environmental characteristics. Where the placement of the garage may work here in the short term it is concerning to have a garage this close to the top of bluff. Additionally, this area has been built up and the top of slope is also on top of a man-made retaining wall that is over 15 feet in height. This causes some concern on the long term stability of the site. Setback from the top of slope is critical in this situation. Other than the concern on the steep slope setback the 1 Ridge Lane Drive Page 3 garage will not be a detriment to property owners in the community and will not impair the purpose and intent of the zoning code. ALTERNATIVES The Planning Commission has the following options: 1. Approve the variances to allow for the construction of a garage within the required steep slope and front yard setbacks. Additionally, staff would suggest that the following conditions for approval: a. All revisions to the approved plan shall be reviewed and approved by the Community Development Director. b. The applicant shall limit the encroachment into the required steep slope setback to the maximum extent possible. In no case shall the garage be place no closer than 10 feet to the top of bluff. c. The garage must be place no closer than 5 feet to the front property line. d. The site must not exceed the current impervious surface area of 6,962 s.f. or 42.5% of the lot, excluding steep slope area. e. The applicant and property owner shall coordinate the modification to Ridge Lane Drive with the City Engineer prior to construction. The general alignment shall follow the map labeled "Exhibit A, Street Modification per City Engineer". No retaining walls or stone elements shall be placed in the public right-of-way of Ridge Lane Drive. f. The property corners along Ridge Lane Drive shall be set and visible prior to the issuance of a building permit. 2. Deny the variances to allow for the construction of a garage within the required steep slope and front yard setbacks. 3. Continue the public hearing until the October 13,2008 Planning Commission meeting. The 60 day decision deadline for the request is October 7, 2008, however, the City can grant a one-time 60 day extension of the deadline to December 6, 2008. RECOMMENDATION Review and take an action. PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No: Date Filed: Fee Paid: Receipt No,: ACTION REQUESTED X. r Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supportingmaterial (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing drainage and setbacks is required with applications. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project / ,Rd;;eM~f..-P~' Assessor's Parcel No. c9 / 030;?o'-/l tJO II 17 1\ (GEO Code) Zoning District~ Description of Project "I hereby state the foregoing statements and all data, information and e I en respects, to the best of my knowledge and belief, to be true and correct. I furt permit if it is granted and used." Property Owner 41IGluler~ ,;:7#e-r#7 Representative Maiiing Address / eJ c/,~ AAroJL .~z Mailing Address City - State - Zip :5-1-, IIIAJ ~ )?1.u $f) ~ ~ity - State - Zi Telephone No. (OS} - t.f39 -77l" Telephone No, Signature-L-Ll ~ Signature ~^~ i6 ~a, ",'" (Signature is required) / _ AND PROJECT DESCRIPTION Lot Size (dimensions) _ x _ Total Building floor area square feet Land Area 35) ~C( I ~ i~ Existing square feet Height of Buildings: Stories Feet Proposed square feet Principal Paved Impervious Area _ square feet Accessory No, of off-street parking spaces H :\mrnemere\shpile\PI ANAPP.FRM June 9, 2006 the II john k. abbott, architect 8 August, 2008 Dear Planning Committee Members, I am writing to you to request a variance for my client Mike Sheehy's property at 1 Ridge Lane in Stillwater. Mr. Sheehy would like to build a modest 2-car detached garage on his property. We have considered many alternatives and feel our proposed siting on the northwest corner of the property best meets the needs of all parties concerned. As you can see from the attached site plan and survey, Mr. Sheehy's unique site offers little buildable space which does not violate one or more of the setback requirements. The proposed location has the least impact on neighboring views to the river and creates a pleasing courtyard driveway. The structure sits as far away from the retaining wall edge as possible while maintaining a driveway that is navigable. This arrangement also preserves much of the current driveway infrastructure thereby minimizing costs and construction disturbance to the site. Therefore, we believe this is the best possible location for a detached garage on this property. P.O. box 541 . stillwater. mn 55082 . D. 651.351.0702 . c. 612.961.6974 . f. 651.351.0159 . ;ohnkabbo~~~comca~~_ne~ ~ichae{q).Sfieefiy 1 <R.idiJe Lane q)nw; Sti{[water, !M!N 55082 August 8, 2008 Re: Residential Variance Request for Property at 1 Ridge Lane Drive in Stillwater Planning Committee Members: I am requesting a variance on my property to build a 2-car detached garage. I have owned this property since 1989. My home currently does not have a garage and over the years I have considered several alternative locations for a garage. However I found none to be appealing from a homeowners or neighbors perspective-with the exception of the enclosed proposal. The proposed 2-car detached garage will: . Maintain the current river view and beauty to neighbors and/or passersby as opposed to an attached garage which would block the river view. . Be tucked away with an oak tree covering or hiding the back end of the garage and trees/shrubs covering the side of the garage exposed to neighbors. . Enhance the property's use and resale value. I am getting married and will have school age children living here. I need a garage. I have spoken with my two neighbors that will be affected by the change and both have agreed and like the idea. I appreciate your respectful consideration of my request, MiCh~~ ~ <S.J-v .( f o r f/oAi <:IF I i-- I N / I I I ~ tl,- zP 1 ~ / ADJACENT CONCRETE DRIVEWAY 20_41-0008 PID #21-0:'>0;-N &. S\-\I<RON "1 OwNERS: lE \ ?/l // F /~ S+-~.(-f rJ? fr' I) ~ -If= z. ADJACENT CONCRETE DRIVEWAY 41-0 030- 20- s\-\Af #21- ON & pI[) RS' l[ O~[ . I I , , j I I I r r! II / / / I ~ I ({~Z,6 /1 / I I I I ::: f-C >;;=; ~ "- ,,;::: w cj 846 46 < 0::' u f/) " f-z " <0 846,27 '1 95 a ::Jw Ol 00 0:: ~ '0,' x:- "" wo '., W -1U) " > CJl ~~ "'~ <(w << 2 sQ- w ;:: ~I <D 0:: L 2:)- _ <:{ ;::-w << 'i <<<< ... I- U co "'3,00 -1 Q-2 ?; :-..,. 0<(0:: f-Q-Q <:: (!)~b x: 0 l!)u ~fr: Q) I J:, ^'J <0 ~ B35,38 ) //IN ,I 'I 'r . /1 i,f .. 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G1. john abbott architect, AlA P.' o. bqx 541 sti 11 water ,mn 55082 p. 651. 3 S1. 0702 f. 651.351.0159 Droject detached garage proposal for 1 ridge lane stillwater, mn 55082 ~ mike sheehy 1 ridge lane stillwater I mn 55082 p. 651.439.7716 date of issue variance app 8.7.2008 sheet T KEMPER & ASSOCIATES INC. 721 OLD HIGHWAY 8 N. W. NEW BRIGHTON, MINNESOTA 55112 651-631-0351 FAX 651-631-8805 SOUTH SIDE OF DRIVEWAY ENTRANCE NORTH & EAST SIDES OF 1 RIDGE LANE DRIVE WEST SIDE OF 1 RIDGE LANE DRIVE VIEW OF S1. CROIX RIVER FROM SUBJECT PROPERTY THE SHEEHY PR-OPER- TY 1 RID G ELANE DRIVE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA (SEE LEGAl OESCRlPll0N BELOW) EXISTING PARKING AREA NORTH OF HOUSE LOCK. 32. G'S AOO\1\O~ LOi' 23. 6 scHUtnt6Ur< cf>,R\.l & PlO ,2~ -O~O;~~~ i\1URMES o~ERS: fJ~ 1~3 ..! ~; ~~ ~~ r-- / / / / / ~ / / / / / / ./ L() m >- ;! <( /1 3: I ;-~ '" I... I 00 Jk! ?~ w r 5,15 <( Qi r 11.0 (/) "'- "'- ", " '" "tRACI Y. \. \ \\ plD fl\-1)y)-~~TI~W CORP. O'/l'\-\~ ,JJNO HARDCOVER CALCULATIONS HOUSE FI)OTPRINT ~ 2,918 SQ. FT. DRlVEWAl & CURB == 2.065 SQ. FT. FRONT C~NCRETE PORCH. WALKS & STEPS := 616 SQ. FT. REAR C~CRETE PATIOS & STEPS -= 513 SQ. FT. STONE PI. no = 96 SQ. FT. WOOD S1:PS = 84 SQ. FT. RETAINIti.G WALLS = 668 SQ. FT. TOTAL HJPERVlOUS SURFACE AREA = 6.962 SQ. FT. (19.3% (}' PROPERTY AREA) 07105 (0710S.0we) ADDED HARDCOVER AND CITY TOPO 07/09/07 SURVEY CERTIFICATE OF D.B. TODD HOlEN VICINITY MAP (NO SCALE) ZONING REQUIREMENTS ZONED RA - ONE-FAMILY RESIDENTIAL DISlRlCT MINIMUM LOT AREA - 10,000 SQ. FT. MINIMUM LOT WIDTH - 75 FEET MINIMUM lOT DEPTH - 100 FEET MAXIMUM LOT COVERAGE - .30% MAXIMUM HEIGHT - 2.5 STORIES AND 35 FEET BUllDlNG SETBACKS: FRONT ,.... 30. FE:ET (WHERE A .UNIFORM. FRONT YARD SETBA.CK EXISTS 't\'HICH IS LESS THAN 30 FEET. ANY BUILDING OR STRUCTURE ERECTED, SlRUCTURALl Y ALTERED OR ENLARGED MAY CONFORM TO mE ESTABUSHED SETBACK BUT IN NO CASE A SETBACK OF LESS THAN 20 FEET Will BE AllOWED. WHERE A UNIFORM FRONT YARD SETBACK DOES NOT EXIST, THE MINIMUM REQUIRED SETBACK SHAll BE THE AVERAGE OF THE SETBACK OF THE TWO ADJACENT MAIN BUILDINGS; OR IF TIiERE IS ONLY ONE ADJACENT MAIN BUILD1NG. TIiE SETBACK OF THE MAIN BUILDING SHALL GOVERN. BUT IN NO CASE SHALL A SETBACK LESS THAN 20 FEET BE ALLOWED OR GREATER THAN 30 FEET BE REQUIRED) SIDE - 10 FEET (WHEN THERE IS AN ATTACHED GARAGE ON ONE SIDE OF THE DV/ELUNG, THE GARAGE SETBACK IS FIVE FEET, PROVIDED THAT NO HABITABLE FLOOR AREA CLOSER THAN TEN FEET fROM THE PROPERTY LINE AND PROVIDED THAT THE GARAGE IS A MINIMUM OF 15 FEET FROM THE NEAREST SlRUC1URE ON THE ADJACENT LOT) REAR - 25 FEET ACCESSORY USES: THE MAXIMUM LOT COVERAGE OF ALL ACCESSORY BUILDINGS INCLUDING ATTACHED AND DETACHED PRIVATE GARAGES AND OTHER ACCESSORY BUILDINGS SHALL BE 1,000 SQUARE FEET OR TEN PERCENT OF THE LOT AREA, WHICHEVER IS LESS THE TOTAL GROUND COVERAGE OF THE ACCESSORY BUILDINGS SHAll NOT EXCEED THE GROUND COVERAGE OF THE PRINCIPAL BUILDING NO MORE THAN TWO ACCESSORY BUILDINGS, ONE PRIVATE GARAGE AND ONE OTHER ACCESSORY BUILDING, 120 SQUARE FEET MAXIMUM, SHALL BE LOCA lED ON A RESlDENllAL PREMISES AN ACCESSORY SlRUC1URE LOCATED ENllRELY IN THE SIDE YARD AT LEAST SIX FEET FROM THE MAIN BUILDING SHAlL HAVE A MINIMUM SIDE AND REAR YARD SETBACK OF FIVE FEET (AS PER CITY Of STILLWATER ZONING CODE) PREP ARED FOR: MIKE SHEEHY 1 RIDGE LANE DRIVE SllLLWATER. MINNESOTA 55082 651~439-7716 ARCHITECT: JOHN ABBOTT. AlA 8677 KIMBRO LANE NORTH GRANT. MINNESOTA 55082 651-351-0702 ~ --, o 20 1 ~CH EOUALS 20 FEET BASIS FOR BEARIHGS: STA TE' PLANE COORDINATE S'l'STEM. I.lINNESOTA SOUl ZONE (NAD!lJ. 1996) (AS PER REAL nUE GPS MEASUREMENTS unUZlNC MINNESOTA OEl'ARl'MENT Of TRAASPORTAnON \oRS REFERENCE S'l'SID( BASIS FOR ElEVAllON: NAW 88 (AS PER REAL 11l.lE GPS !>lE,ASUREMENTS UllUZlNC MINNESOTA DEI'ARl'MENT Of' llWlS?ORTATlON ',RS REFERENCE SYSID( CONTOUR INlERYAl"'l FOl (2 FOOT 8MW KEYSTONI RETAINING WAlL-PER CITY AER1Al IolAP) LEGAL DESCRIPTION CERllFICA TE OF TITLE NO. 3959 All of Tracts V and W ond that port ( Tract U described as follows: Beginnin at the Northwest comer of said Tract thence North 411r East a distance of Ninety-one and two-tenths (91.2) fee to the most Northerly comer of said Tract U; thence South along the East line of said Tract U to the Southwest corner of Tract W; thence West along the extension West of the South line sold Tract VI a distance of Forty-five (45) feeti thence Northwesterly a distance of Eighty-nine and five-tenH (89.5) feet to the point of beginning; all in REGISTERED LAND SURVEY NO. J on file and of. record in the office of the Registrar of Titles of the Coun ty of Washington. State of Minnesota. LEGEND EX1S11NG CONTOUR UNE EXISTlNG SPOT ElEVA liON PP 0 POWER POlE CSI.IHO CATCH BASIN MANHOLE S1.lH 0 SEPTIC MANHOLE EM lID ELEClRlC METER GM@] GAS /JETER ~ -OH- OVERHEAD UllUTY U/iES DENOlES DlMENSlON (1.4) ~EASURED DURING '!HE COURSE Of l'HIS SUR~ DENOTES RECORD (R) DII.!ENSlON AS PER LEGAl DESCRIPnON DENOTES scr SUR\>tY MONUMENT IJARI<ED .KE/.IPER 18-407' NOTE: A SURVEY BY BARRETT STACK (RLS 13774) DAl'ED .NNE 19, 1985 WAS USED AS A REFERENCE FOR 'lHIS SUR~ /~~~S":;~i~;;;~CA'" {' .... ?ROfESS\ONJ:\l \ I H~Y CERllFY THAT TI1IS Sl f i LAND S\.liWEYOR ~ ~D'ire~T D~'tcr~~~Sl~ \~~....'S4Q~...~~ 1 ;"'~~~~ &'''': ~/'III~ OF'M\~~ ,,\\y "r""ll:';" ."",\\ MARK D. KEMPER, PlS 18407 DATEO THIS ~DAY O~ . 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( SllVM '\j ~ I ,I r ',--- ~NINIV13~ ~. ..A~Q) ,\ 3N01S ,.~ ...~1 I \' LB'Lte \'" :-_ -. _ BSTtS' ! 0..0 'Oc'~' '- x.::..:.=:. . . ,~. ~ Is:> M f'J'V'd / / - !'l 'J N i I , I I Val. ::10 I Hl~ON" I - ,- ~oT1L I --. -~ t I / ! / / I ~-./- ---;-- ::iVH~Odq.L OIV1H3!W 5V 11~M, 3>i M0138 108 :3io.-.j / ! / I I /",r,._ ,/" ",- .//" /1 /1 / I / I ~ -,+ .- f' t7\'i > r Q, rt -U ., Qi :: ~ " .i'\ s: II 'J i J I 66'LtB ~.l I I / ~ SL'LtB ~I~ L6'LtB NIV~O (') o z I I I / / ~ o / / / i \3" , 4- 0 'V' :: -" , >- 1: -(l"- / / B rB1rB H1NI 00'61>B ~I~ 'H~8::> / "<::t' oS r u l. '" S :s:: 'I:1l - t- \"- :r )> .-\ z:.. __J 3 ~aC;SC;.68 IN , I / , I I I ! "'031 :S~1NMO ~~o~'VI-IS 1i11._0~o-~1.f Old S1~~(\ gOOO-~V-O S 'i O~'1~ . f)~net-l'31n~i1l':l 't't iO" I, ''tt ~..JV ,g A VM3M:IO 3l3~ONOO lN30vrav ;~ '0> '. ,0 '0 z '~ ; --.------- .. -:-.-=- --, ". UnO":! 3!)'Vl:l'V~ ......... ,,,....(....J ...._n'\..I\otlf . ' '5-tfl (i' ~ ..... lto -V\ .- rt o~ v {It r f'\ '< )0. ::'- '0 '1. \I' , I HZ toit1 j~ I 'W:J"Z "'1>"" l~t: n~l ~tj.,. s:: -t o:lJl i:i" g~ ~~- ~ Jl to \ILl t:'~ ~r, ~ :11' , ~ 0' ., " i ,ld t1.. i!- ,~ ~a :+ ~~ 'i: ~' 't ; f f .. ! t .3' \ / \x GJ \ - Of. MiN}~[:~Or)1. ') PLANNING REPORT DATE: September 3,2008 CASE NO.: 2008-42 APPLICANT: John Funk PROPERTY OWNER: James Kron REQUEST: 1) Ordinance Amendment to allow" amusement & recreational establishments" by Special Use Permit in BP-C Zoning District 2) Special Use Permit for" amusement & recreational establishment" LOCATION: 2510 Curve Crest Blvd, Suite 1 ZONING: BP-C, Business Park - Commercial REVIEWED BY: Building Official, Assistant Fire Chief, City Planner PREPARED BY: Bill Turnblad, Community Development Director l,~ BACKGROUND John Funk is proposing to lease 6,000 square feet from James Kron at 2510 Curve Crest Boulevard, Suite 1. This is the location of the former St. Croix Bike and Skate Shop. Mr. Funk plans to open a business that would include a 2,000 square foot retail hockey store (to be called "Top Shelf') and a 4,000 square foot hockey training center (to be called "The Edge"). The retail hockey store is a permitted use in the subject BP-C, Business Park-Commercial Zoning District. The hockey training center is not an allowed use in the zoning district. Consequently, Mr. Funk has applied for an amendment to the Zoning Ordinance to allow the training center as a specially permitted use. He has also applied for the Special Use Permit (SUP) should the ordinance amendment be approved by the City Council. SPECIFIC REQUEST In order to operate the hockey training facility, Mr. Funk specifically requests: 1) An amendment to City Code Section 31-325 that would add "amusement and recreational establishments" as specially permitted uses in the BP-C Zoning District; and 2) A Special Use Permit for the hockey training facility. Funk Case Page 2 of3 EVALUATION OF REQUEST Ordinance Amendment The purpose of the BP-C Zoning District is "to provide a district for general community commercial and office uses." The proposed hockey training facility is a use that is often allowed within a city's general commercial zoning districts. In Stillwater the use is allowed in each of the general commercial districts except the BP-C district. Specifically, "amusement & recreational establishments" are allowed in the city's CA, General Commercial Zoning District, and the CBD, Central Business District. Therefore, it would be consistent and appropriate to add it to the BP-C, Business Park-Commercial Zoning District as well. Allowed uses are of two types: either a permitted use or a specially permitted use. Permitted uses need no public review. Specially permitted uses require a public hearing before the Planning Commission or the City Council. In the CA, General Commercial Zoning District, a recreational establishment is a permitted use. However, the BP-C, Business Park-Commercial Zoning District is not as permissive as the CA district. So, staff would suggest allowing the use by special permit in the BP-C district. This gives the city and surrounding property owners an opportunity to review proposals for recreation establishments in terms of compatibility with other neighborhood uses as well as consistency with the city's comprehensive plan. Special Use Permit The proposed hockey training center would offer a number of weight, strength and skill training opportunities. The center would also include a synthetic ice sheet for improving shooting, stick handling and passing skills. The maximum number of hockey players that the center will be able to accommodate at a time is 20. The facility's hours of operation are planned to be from 3 PM to 10 PM during the school year, and from 8 AM to 10 PM during the summer. Sec. 31-207 (d) of the City Code states that a Special Use Permit can be approved if the Planning Commission finds that: (A) The proposed use conforms to the requirements and the intent of the Zoning Ordinance, the Comprehensive Plan, and any relevant area plans. Zoning Ordinance The building within which the proposed hockey training facility would be located already exists. And the proposal would not include any exterior work to the building or property. Therefore, very few zoning ordinance standards apply to the project. The exceptions are parking and signage. Parking - The space that is to be leased by Mr. Funk has 29 parking spaces available to it. The "Top Shelf' space requires 10 parking spaces (1/200 gsf). The hockey training center does not have a specified parking requirement. Rather, the zoning ordinance allows the City to decide what is required. Since the maximum number of hockey players that can be accommodated at anyone time is 20, we could consider requiring 20 parking spaces. This would certainly be sufficient even though that would not include trainers, team coaches, etc. However, it is probably safe to assume that some car pooling will occur (siblings, friends, etc. all being driven by one parent). It is also expected that there will be some shared parking going on with the city recreation center next door. For example, while one sibling or friend is using a sheet of ice in the recreation center, another may be training at "The Edge". Consequently, 20 spaces would seem to be a reasonable requirement. In total then, "The Top Funk Case Page 3 of3 Shelf' and "The Edge" would need 30 parking spaces. As mentioned, 29 are available. This is likely sufficient since there will be shared parking occurring between "The Edge" and "The Top Shelf'. A car parked in the lot for "The Edge" could also be there to buy something at "The Top Shelf'. Signage - No sign information has been submitted as part of this request. The Heritage Preservation Commission will need to review and approve a sign permit before any signage may be installed. Comprehensive Plan ill terms of land uses, "amusement and recreational establishments" are consistent with the commercial land uses that could reasonably be expected to be found in the general commercial land use category and the BP-C zoning district. (B) Any additional conditions necessary for the public interest have been imposed. And, the proposed use will not constitute a nuisance or be detrimental to the public welfare. Though the structure within which the training facility would be located is a multiple tenant building, ownership of the building is divided. This can be seen in the attached air photo with its superimposed lot lines. Consequently, the owner who is leasing one space is not necessarily looking out for the best interest of the other owner's space. Therefore, the city should consider requiring sufficient sound proofing to contain the training room sound, since it will share a common wall with adjoining space under separate ownership. ALTERNATIVES The Planning Commission has the following options: 1) Recommend approval of the requested ordinance amendment, and approve the SUP with the following conditions: a) The SUP will not become effective unless the City Council approves the requisite zoning ordinance amendment. b) The SUP will not become effective until the property owner provides the city with a complete and accurate legal description of the property to be leased. c) Sound proofing as found sufficient by the City Building Official shall be installed in the easterly wall of the space to be used by "The Edge" prior to issuance of a Certificate of Occupancy for "The Edge". 2) Deny the SUP and recommend denial of the requested ordinance amendment. 3) Table the requests for more information. RECOMMENDATION City planning staff believes the hockey training facility is consistent with the comprehensive plan and is compatible with other uses in the BP-C district. Furthermore, the proposed use would be compatible with abutting uses if sound proofed pursuant to the condition listed in Alternative 1 above. Therefore, staff recommends approval of the requests with the conditions listed in Alternative 1. Attachments: Floor Plan Site Layout Location Map Zoning Map Applicant's narrative cc: John Funk - . PLANNING ADMINISTRATION APPLICATION FORM Case No: Date Filed: Fee Paid: Receipt No.: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 j ACTION REQUESTED X Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this application. *An escrow fee Is also required to offset the costs of attorney and engineering fees. The applicant Is responsible for the completeness and aCcuracy of all forms and supporting material submitted In connection with any application. All supporting material (I e., photos, sk.etches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material Is required. If application Is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan Is required with applications. Any Incomplete application or supporting material will delay the application process. PROPERTY IDENTIFICATION Address of Project 2SlD (vn/t. G-eS1 'B\vd. Wes+ Assessor's Parcel No. 5JO 30 ~O ~ 2o~ ~~ tt \. ---- -- i / t< ~e) Zoning District W - ( Description of Project OC.Ui "ru~"':"'l-.J \ttCl. \ :~. t. \ - G <i?c ~~~J t\lt-~\r~ "I hereby state the foregoing statements and all data, Information and evidence submitted herewith in a/l respects, to the best of my k.nowledge andbe/ief, to be true and correct. I further certify I will comply with the permit If it is granted and used. " Property Owner :-r-,AM..t= > Q - K ~Pl\/ Representative :5D~V"'\"F: n K Mailing Address I 7 /7 C!-J J Q (reL e. Mailing Address BO:l Nl1v\,t+ Gvrt City - State - Zip }iCA.J SD,J) (,,() I:. S- tfo I " City - State - Zip M~\.q t\ e'j~ ~, M ~, 20 Telephone No.7/~ - 38(,- C}r,r7 Telephone No. b.>. 2s~- ~~I Signature~ ~ @. ~ Signature USignature is required) Lot Size (dimensions) _x_ Land Area Height of Buildings: Stories Principal Accessory SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Feet, Proposed square feet Paved Impervious Area square feet No. of off-street parking spaces The Edge Performance Hockey Training Center The hockey training facility will consist of weight training, plyometric training, skating treadmill and plastic synthetic ice area for hockey specific training. The synthetic ice will be used to simulate game specific situations. It will allow the players the opportunity to work on their shooting, stickhandling, and passing skills. The facility will be used for team training, as well as individual training for those seeking to improve their hockey skills. The maximum number of players we have the ability to train at anyone time will be ZOo This will allow proper player to instructor ratio and smooth transitions from strength training to treadmill training. Each training session will last one hour in length. The client age base will range from beginners (age 5) to professional athletes (20+). The space for the training facility will be 4,000 square feet and it will be connected to a hockey retail store, which is 2,000 square feet. During the school year the hours of operation will be from 3pm untill Opm. During the summer the hours will be from 8am until IOpm. Hockey Training Facility The Edge Performance Hockey Training Facility also would like to request an amendment to the Zoning Commission for the BP-C District. The location of the property is 2510 Curve Crest Boulevard West, Stillwater MN. It was the old St. Croix Bike and Skate Shop. The current property is zoned for Business Park Commercial (BP- C) and we would like to amend that we could use the property for "private recreational use." Please refer to the narrative that is attached, explaining the hockey training facility if you have any questions. City of The Edge & Top Shelf Location Aerial Photo Community Development Department City of lw fer The Edge & Top Shelf Zoning Map Community Development Department Zoning Districts _ A-P, Agricultural Preservation D RA - Single Family Residential D RB - Two Family _ TR, Traditional Residential _ LR, Lakeshore Residential rs:sJ CR, Cottage Residential _ CTR, Cove Traditional Residential II CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential II TH. Townhouse RCM - Medium Density Residential _ RCH - High Density Residential Ii VC, Village Commercial CA - General Commercial CBD - Central Business District D BP-C, Business Park - Commercial _ BP-O, Business Park - Office D BP-I, Business Park - Industrial _ IB - Heavy Industrial _ CRD - Campus Research Development _ PA - Public Administration D TZ - Transitional Zone (Township) D Public Works Facility ~ ROAD . 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MINNESO A '; Memo Community Development Department To: From: Date: Re: Planning Commission Michel Pogge, City Planner {;?/1-')f Friday, September OS, 2008 Discussion Item: Business Park Signage Message: On July 14 the Planning Commission held a public hearing and reviewed this request at from Edina Realty for a second sign on the property in the Business Park - Commercial zoning district. At that meeting the Commission elected to table the item and request that the City Council consider an amendment to allow additional signage in the BP zoning districts. The Council considered the Commission request at their August 12th meeting and authorized the Commission to draft and consider changes to the BP-C zoning district to allow for multiple signs on a single site. Attached are copies of the Stillwater and Oak Park Heights sign regulations. The area in Oak Park Heights along Highway 36 is zoned B-2 and B-3. Sign regulations for these two districts can be found starting on page 15-62. Please take time to review these codes so we can begin the discussion on September 8th regarding the direction we would like to take on amending the Business Park sign regulations. From the desk of... Michel Pogge, AICP . City Planner . City of Stillwater . 216 N. 4th Street . Stillwater, MN 55082 651.430-8822 . Fax: 651.430-8810 . email: mpogge@ci.stillwater.mn.us ZONING ORDINANCE Subd. 3. In yards. Fences may be permitted in all yards, subject to the following: (a) Fences in excess of six feet above the ground grade are prohibited in residential districts. (b) The side ofthe fence considered to be the face (finished side as opposed to struc- tural supports) shall face abutting prop- erty. (c) No fence shall be permitted on public rights-of-way. (d) No fence may be erected on either street side of a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic, subject to the pro- visions of Section 31-505, Subd. 2 that would control where inconsistent with this prOVISIOn. (e) In residential districts fences are limited to a height of 42 inches in the front yard and exterior side yard setback areas. CD No fence shall be erected where it will impede a drainageway or drainage ease- ment. (g) No fence shall be erected before all lots within a drainage system or platted block have had the final grade established and approved and all lots within the system or platted block have had turf established with grass seed or sod. Subd. 4. Along property lines. Fences may be permitted along property lines subject to the following: (a) Fences in residential districts may be placed on the lot line provided that the footings are within the fence owner's prop- erty. (b) Fences in commercial or industrial dis- tricts may be erected on the lot line to the height of six feet; to a height of eight feet with a security arm for barbed wire. Subd. 5. Existing. No existing fence in violation of this Section 31-508 will be allowed to be re- Supp. No. 29 ~ :31-509 placed or rebuilt. Should an existing fence be replaced or rebuilt, it must come under the regu- lations of this Section 31-508. Subd. 6. Impeding drainageways and ease- ments. No fence shall be erected where it will impede a drainageway or drainage easement. Subd. 7. Violations. Violations of Section 31- 508 may be enforced by injunction, and the city shall be entitled to the remedy of abatement in order that a fence erected in violation of Section 31-508 may be removed. Sec. 31-509. Sign regulations. Sign regulations are as follows: Subd. 1. Purpose. Signs have an impact on the character and quality of the environment. They attract or repel the viewing public and affect the safety of vehicular traffic. As a historic commu- nity, this city is unique. The proper control of signs is of particular importance because of this historical quality and uniqueness. Signs must be kept within reasonable boundaries consistent with the objectives and goals of the community to retain its special character and economic advan- tages which rest in part on the quality of its appearance. The standards in this subdivision are therefore adopted to regulate signs. Subd. 2. Permits required. All signs require a design review permit. An application for design review may be obtained from the community development director. The application must con- tain the following information: (a) A drawing of the proposed sign showing dimensions and describing materials, let- tering, colors, illumination and support systems. (b) Photographs of the building face and the building faces of any adjacent buildings. (c) A drawing of the building face and site plan showing the location of the proposed SIgn. (d) A cross section of the building face show- ing how the sign will be attached and how far it will extend from the building. CD31:1l7 ~ 31-509 STILLWATER CODE (e) Any pictorial proof or other information that the sign is of historical significance or is a reproduction of an historic sign. (1) A building sign plan for a building with more than one use or business, showing all signs. Subd. 3. General provisions. The following pro- visions apply to signs located in all zoning dis- tricts: (a) All signs and sign structures must be properly maintained and constructed of sufficiently permanent materials so they will resist weathering. Any existing sign that is rotted, unsafe, deteriorated, de- faced or altered must be repaired or re- placed. (b) Electrical signs must be installed accord- ing to the state electrical code. (c) No signs other than governmental signs may be erected or temporarily placed within any street right-of-way or upon public lands or easements or right-of- ways without city council approva1. (d) No sign or sign structure may be erected or maintained if it prevents free ingress or egress from any door, window or fire escape. No sign may be attached to a standpipe or fire escape. (e) A 30-day temporary sign permit may be granted by the community development director for special business events. (f) Signs or supporting structures not used for signs for 12 consecutive months must be removed. (g) The city may grant a permit to locate signs or decorations on, over or within the right-of-way for a specified period of time. (h) All signs must be compatible with the building and neighborhood where located. (i) No more than three flags may be dis- played outside of a building. (j) A sign must not obscure architectural features of a building. (k) A building address is not a sign. Supp. No. 29 (1) The terms of this subdivision may be waived if the sign is an historic resource or if the sign is a reproduction of an historic sign. (m) Graphic design signs require a special use permit. Subd. 4. Permitted signs. The following signs are allowed without a permit in all zoning dis- tricts but must comply with this Section 31-509: (a) Public signs, integral signs, political signs and safety signs. (b) Size. The size of a political sign is regu- lated as follows: (1) Residential and CA districts: The maximum sign size is six square feet in area with a maximum height of four feet. (2) IP districts: The maximum size is 35 square feet in area. Notwithstand- ing this provision, all noncommer- cial signs of any size may be posted from August 1 in a state general election year until ten days following the state election. (c) Holiday signs for a period not to exceed 60 days. (d) Construction signs. The signs must be confined to the site and must be removed within two years ofthe date of issuance of the first building permit or upon comple- tion of the project, whichever occurs first. One sign is permitted for each street the project abuts. No sign may exceed 32 square feet in multifamily residential, com- mercial and industrial districts and 12 square feet in single-family residential districts. (e) Real estate signs are limited to six square feet in residential districts and 32 square feet in commercial districts. Signs must be removed within ten days after sale or rental of property. (1) Rummage sale signs not exceeding four square feet located on private property CD31:118 ZONING ORDINANC.E that conform to the applicable provisions of this ordinance and are removed at the termination of the sale. (g) One nameplate sign, placed on a wall of the structure, for each dwelling not ex- ceeding two square feet in area per struc- ture. No signs shall be so constructed as to have more than two surfaces. (h) One nameplate for each dwelling group of six or more units. The sign may not ex- ceed six square feet in area per surface. No sign may be constructed to have more than two surfaces. (i) Real estate development project signs. For a development project of three to 25 acres, one sign not to exceed 100 square feet of advertising surface may be erected on the project site. For projects of 26 through 50 acres, one or two signs not to exceed 200 aggregated square feet of ad- vertising surface may be erected. For projects over 50 acres, one, two or three signs not to exceed 300 aggregate square feet of advertising surface may be erected. No dimension shall exceed 25 feet exclu- sive of supporting structures. The sign may not remain after 95 percent of the project is developed. The permit for the sign must be renewed annually by the city council, and must be bordered with a decorative material compatible with the surrounding area. Ifthe signs are lighted, it must be illuminated only during those hours when business is in operation or when the model homes or other develop- ment are open for conducting business. (j) No sign permit is required for window signage that does not cover more than one-third of the total area of the window in which the sign is displayed. (k) Temporary signs advertising garage sales are permitted, provided that: (1) the signs not exceed four (4) square feet; and (2) may not be more than three (3) feet in height above grade; and Supp, No, 29 CD31:1l9 S 31-509 (3) are removed the same day when the sale closes for each day; and (4) are permitted by the owner of the property on which they are placed; and (5) no more than two garage sales per year are held by any address in any calendar year; and each sale may not last longer than three days; and (6) no sign may be placed upon the right-of-way nor in parks or on pub- lic property in a manner that creates a nuisance to adjacent owners, cre- ates a safety hazard or blocks the view of entrances to streets or inter- sections. (1) Temporary real estate "open house" signs may be placed in the right of way provided that: (1) The sign not be placed in a manner that creates a nuisance to adjacent owners, does not create a safety haz- ard or block the view of entrances to streets or intersections. (2) A sign may be placed one-half hour before the open house and must be removed each day immediately after the open house closes. (3) A maximum offour signs in residen- tial zoning district for each open house. (4) A sign must not exceed SIX square feet. (5) Signs are limited to a four block radius of the open house. Subd. 5. Prohibited signs. The following signs are prohibited in all zoning districts: (a) Any sign that obstructs the vision of driv- ers or pedestrians or detracts from the visibility of any official traffic control de- VIce. (b) Any sign that contains or imitates an official traffic sign or signal, except for private, on-premises directional signs. ~ 31-509 STILLWATER CODE (c) Off-premises advertising signs except as regulated by this Section 31-509. (d) Any sign that moves or rotates including electronic reader board signs, except ap- proved time and temperature information signs and barber poles. (e) No sign may display any moving parts, be illuminated with any flashing or intermit- tent lights or may be animated, except time and temperature infonnation. All displays must be shielded to prevent any light from impairing the vision of any driver. No device may be illuminated to obscure an official traffic sign or signaL This includes indoor signs which are vis- ible from public streets. (f) Roof signs. (g) Any sign with banners, pennants, rib- bons, streamers, string oflight bulbs, spin- ners or similar devices, except where used for noncommercial purposes or as part of an approved sign plan. (h) Portable signs including signs with wheels removed, attached temporarily or perma- nently to the ground. Signs mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, except signs identifying the related busi- ness when the vehicle is being used on the normal day-to-day operations ofthat busi- ness_ Hot air or gas filled balloons or semitruck umbrellas used for advertising. (i) Signs painted directly on building walls unless approved by sign permit. (j) Illuminated signs or spotlights giving off an intermittent or rotating beam. (k) Revolving beacons, beamed lights or sim- ilar devices. (l) Signs supported by a guy wire. (m) No sign may be erected, placed or main- tained by any person on rocks, fences or trees. (n) No sign may be erected that will interfere with any electric light, power, telephone or telegraph wires or the supports thereof. Supp, No. 29 (0) Graphic design signs unless approved by sign permit. (p) Billboards. Subd. 6. Permitted signs in residential dis- tricts. Signs pennitted in residential districts are as follows: (a) Professional nameplate wall signs not ex- ceeding two square feet in area. (b) Integral signs. (c) Political signs. (d) Real estate signs. (e) Construction signs. (f) Bulletin boards or public information signs not over 32 square feet located only on the premises of public, charitable or religious institutions. Subd. 7. Permitted signs by a sign permit in the central business or general commercial district. The following signs are permitted in the CBD- central business or CA-general commercial dis- tricts with a sign permit: (a) General requirements. All signs in the CA-general commercial or CBD-central business districts are regulated by the following requirements: (1) Number. One wall, monument, aw- ning and canopy or three dimen- sional sign is allowed per business. When a building or business abuts two or more public streets, an addi- tional sign located on each street building face is allowed. (2) Sign plan. When there is more than one business or use in a building with more than one sign, a building sign plan must be provided with the sign permit application. (3) Permit review. All signs in the cen- tral business district require a de- sign permit and meet the approved downtown design guidelines for signage. CD31:120 ZONING ORDINANCE (4) Other requirements, All signs must meet area, location and height re- quirements. (b) Wall signs. Wall signs in the CBD or CA districts shall meet the following require- ments: (1) Area. The total building sign age may have an aggregate area not exceed- ing one square foot for each foot of building face parallel or substan- tially parallel to a street lot line. (2) Location. A wall sign may not project more than 16 inches from the wall to which the sign is affixed. (3) Height. A wall sign may not project higher than the parapet line of the wall to which the sign is affixed or 15 feet as measured from the base of the building wall to which the sign is affixed, whichever is lower. (4) Lighting. Externally illuminated or back lit letters are allowed, but no internally illuminated signs are al- lowed. (5) Special conditions. Where a princi- pal building is devoted to two or more permitted uses, the operator or each use may install a wall sign for their use. A sign plan must be sub- mitted for the entire building. The total gross signage for the entire building may not exceed one square foot for each foot of the building face parallel, or substantially parallel, to a street lot line with a maximum of 25 square feet per business. (c) Freestanding signs. Freestanding signs in the CBD or CA districts shall meet the following requirements: (1) Area. The area of a monument type freestanding sign may not exceed 30 square feet. (2) Location. A monument sign may be located in any required yard but must have a setback of 15 feet from any point of vehicular access, public roadway or property line. Supp, No, 29 CD31:121 S 31-509 (3) Height. A monument sign may not project higher than six feet, as mea- sured from the base of sign or grade of the nearest roadway, whichever is lower. (4) Landscaping. The area around a mon- ument sign must be landscaped. (5) Lighting. Externally illuminated or back lit letters are allowed, but no internally illuminated signs are al- lowed. (d) Awning and canopy signs. Awning and canopy signs in the CBD or CA districts shall meet the following requirements: (1) Area. The gross surface of an awning or canopy sign may not exceed 50 percent of the gross surface area of the smallest face of the awning or canopy to which the sign is affixed. (2) Location. An awning or canopy sign may not project higher than the top of the awning or canopy or below the awmng or canopy. (e) Three-dimensional sign. The total area of a three-dimensional sign in the CBD or CA districts is determined by enclosing the largest cross section of the sign in an easily recognized geometric shape and computing its area. The area may not exceed nine square feet. CD Projecting sign. A projecting sign in the CBD or CA districts shall meet the follow- ing requirements: (1) Area. The total area of a projecting sign may not exceed six square feet. (2) Special conditions. A projecting sign must be easily visible from the side- walk and not be a hazard to pedes- trians. (3) Lighting. If lighted, projecting signs must be externally illuminated. Subd. 8. Permitted signs by a sign permit in BP-business park districts. All commercial, office and industrial signs in all BP districts are subject S 31-509 STILLWATER CODE to the following conditions: One wall, freestand- ing, awning or canopy sign per business is per- mitted subject to the following requirements: (a) Wall signs. Wall signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of a wall sign may not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line. (2) Location. A wall sign must be lo- cated on the outermost wall of any principal building but may not project more than 16 inches from the wall to which the sign is affixed. The loca- tion and arrangement of all wall signs is subject to the review and approval of the community develop- ment director. (3) Height. A wall sign may not project higher than the parapet line of the wall to which the sign is affixed or 20 feet as measured from the base of the building wall to which the sign is affixed, whichever is lower. (4) Special conditions. Where a princi- pal building is devoted to two or more uses, the operator of each use may install a wall sign upon each share of the building. A sign plan must be submitted for the entire building that shows the location, sizes, types and elevations of all signs. The signs are subject to the following restrictions: 1. All signs must be visually con- sistent in location, design and scale. 11. The total gross signage for the entire building shall not exceed one square foot for each foot of building face parallel, or sub- stantially parallel, to a street lot line or a minimum of 25 square feet per business. Supp, No. 29 CD3l: 122 (b) Freestanding signs. Freestanding signs in the BP district shall meet the following requirements: (1) Area. The gross surface area of a ground sign may not exceed 100 square feet for each exposed face nor exceed an aggregate gross surface area of 200 square feet. (2) Location. A ground sign must be set back 15 feet from the front or side property line. (3) Height. Aground sign may not project higher than 25 feet, as measured from base of sign or grade of the nearest adjacent roadway, which- ever is lower. (4) Number. There may be one freestand- ing sign per development site. (c) Awning, canopy or marquee signs. Aw- ning, canopy or marquee signs in the BP district shall meet the following require- ments: (1) Area. The gross surface area of an awning, canopy or marquee sign may not exceed 50 percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. (2) Location. A sign may be affixed to or located upon any awning, canopy or marquee. (3) Height. An awning, canopy or mar- quee sign may not project higher than the top of the awning, canopy or marquee to which the sign is affixed. (d) Multitenant master sign program. A build- ing master sign program is (for multitenant commercial buildings) besides the individ- ual tenant and occupant signs. A building master identification sign is permitted according to the following requirements: (1) Building master identification signs may not contain the names of any tenants or occupants of the center. ZONING ORDINANCE (2) Ifthe multitenant commercial build- ing has a floor area of 40,000 square feet or less, the building may have a freestanding sign with a maximum of one square foot of sign for each five feet of building frontage or 40 square feet maximum with a maxi- mum height of eight feet. (3) If the multitenant commercial build- ing has a floor area greater than 40,000 square feet, but less than the 100,000 square feet, the entry may have a master identification sign with a maximum of75 square feet on each side and with a maximum height of 20 feet. (4) If the multitenant commercial build- ing has a floor area of greater than 100,000 square feet, the center may have a master identification sign with a maximum area of 120 square feet on each side and a maximum height of 25 feet. Subd. 9. Directory signs. Directory signs are used to guide pedestrians to individual busi- nesses within a multitenant commercial area and are permitted in BP business park districts, sub- ject to design review. (a) Placement. Directory signs must be placed on the site ofthe development and may be erected only in internal pedestrian access areas and not in vehicle access areas. (b) Area. A directory sign may have maxi- mum area on one square foot for each business listed on the sign and four square feet for the name of the building or com- plex. (c) Size. Directory signs may be freestanding but may not exceed 6 1/2 feet in height. (d) Use. A directory sign may only be used for directions and identification. Subd. 10. Automobile service station signs. Au- tomobile service stations may have one wall sign and one ground sign, subject to the following conditions: (a) Wall signs. There may be no more than one wall sign with a maximum sign area of one square foot for each linear foot of building frontage. Supp, No, 29 ~ 31-509 (b) Freestanding signs. There may be no more than one freestanding sign for each prin- cipal building. A freestanding sign may be set back 15 feet from the front and side property line. A freestanding sign may not project higher than 20 feet as measured from grade or contain more than 65 square feet of signage. (c) Service bay and island identification signs. Service bay and island identification signs are permitted providing direction or in- struction to persons using the facility but containing no advertising materia1. Subd. 11. Special sign height limits. Because of the character of the area, including existing and proposed land use, special sign height limits for freestanding signs are required for certain streets as follows: (a) Curve Crest Boulevard from South Greeley to Washington Avenue and Orleans from Washington Avenue to County Road Five, six feet. (b) County Road Five from Highway 36 to Croixwood Boulevard and South Greeley from Orleans to Highway 36, 20 feet. (c) Washington Avenue from Tower to Or- leans Street, six feet. Subd. 12. Nonconforming signs. Nonconform- ing signs that are unlawful on December 20,1988, have rights outlined in Section 31-216 of this chapter with respect to their alteration, exten- sion, restoration and abandonment. Any person violating or failing to comply with any provision of this subdivision will, upon conviction, be guilty of a misdemeanor. Subd. 13. Violations. If violations of this sub- division are unabated 30 days after written notice to the record owner of the property on which the sign is located, the city may proceed to abate and remove the violation and, if deemed necessary, to have cost thereof specially assessed against the lot or parcel where the violation was located. CD31:123 12.17401.15.G. Signs. 401.15.G.1. FINDINGS, PURPOSE AND EFFECT: a. Findings: The City finds: 1) Exterior signs have a substantial impact on the character and quality of the environment. 2) Signs provide an important medium through which individuals may convey a variety of messages. 3) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. 4) The City Code has included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of physical characteristics of signs within the City has had a positive impact on traffic safety and the overall appearance of the community. b. Purpose and intent: It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this ordinance is to: 1) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. 2) Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. 3) Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. 4) Provide for fair and consistent enforcement of the sign regulations set for herein under the zoning authority of the City. 15-46 c. Effect: A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this Ordinance. The effect of this Ordinance, as more specifically set forth herein, is to: 1) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this sign ordinance. 2) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this sign ordinance. 3) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 4) Provide for the administration and enforcement of the provisions of this sign ordinance. 401.15.8.2. SUBSTITUTION CLAUSE: The owner of any sign which is otherwise allowed by this sign 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. 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 more specific provision to the contrary. 401.15.8.3 CONFLICT WITH ZONING ORDINANCE. If there is a conflict that occurs between this Section and other provisions of this Ordinance, as amended, the conditions as set forth in this Section, as amended, shall prevail. 401.15.8.4. DEFINITIONS. Sign Related: 1. Air Inflatable Devices: A balloon that exceeds two (2) feet in diameter. 2. Alteration: Any change to a sign excluding routine maintenance, repair, painting or change of copy of any existing sign. 15-47 3. Animated Sign: Any sign that uses movement or change of lighting to depict action or create a specific effect or scene, including devices with or without a commercial message, such as spinners and windsocks, but not including barber poles and time and temperature signs. 4. Artificial Light: Illumination resulting from internal or external artificial light sources, including glare and reflected light byproducts of artificial light sources. 5. Awning: A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded, or collapsed against the face of a support building. 6. Balloon: A flexible, inflated bag in various shapes and colors. 7. Banner: Attention getting devices which resemble flags and are of a paper, cloth or plastic-like consistency. 8. Bannerette: Flexible material that resembles a flag, and has minimum dimensions of two (2) feet by two (2) feet and no larger than three (3) feet by five (5) feet. A smaller sized bannerette is defined as a pennant. 9. Beacon: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source; also, any light with one (1) or more beams that rotate or move. 10. Bench Signs: A sign which is affixed to a bench such as at a bus stop. 11. Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. 12. Cabinet Sign: A sign that has framing around the entire sign message with a removable face. 13. Canopy Sign: The area of copy, graphic, or identification which is affixed to a projection or extension of a building or structure, including a marquee, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. 14. Changeable Copy Sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this Ordinance. 15-48 15. Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. 16. Copy: The wording on a sign surface either permanent or removable letter form. 17. Flag: A piece of cloth or bunting varying in color and design, used as a symbol, standard, emblem, or insignia. 18. Flashing Sign: An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color when the sign is illuminated. 19. Freestanding Sign: A self-supported sign not affixed to another structure. 20. Ground/Low Profile Sign: A sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is not elevated from the ground by means of a pole or free-standing support structure, but is placed directly on the ground or on an interior planter base which is incorporated into such a design arrangement. 21. Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. 22. Integral Sign: A sign carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure. 23. Marquee: See canopy. 24. Maximum Height of Sign: The vertical distance from the base of the sign, or the grade of the road centerline, whichever is higher, to the top of the sign. 25. Message Sign: A sign which allows for the graphic and/or verbal content to be changed, when desired, through electronic or manual methods. 26. Monument Sign: A freestanding sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is attached to the ground by means of a freestanding support structure, is solid from grade to the top of the structure, has materials that are constructed of the same primary building materials of the principal structure, is placed directly on the ground or on an interior planter base which is incorporated into a design arrangement. A monument sign shall be considered as one sign though it may have two (2) faces. 27. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives illusion of motion. 15-49 28. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2) directions. 29. Neon Sign: Any sign that utilizes a brightly colored gas discharge lamp without filaments that is bent into letters or designs. 30. Non-Commercial Speech: Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. 31. Off-Premises Sign: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign. 32. On-Premises Messages: Identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign was installed. 33. Opaque: A degree of obscuration of light. 34. Parapet: A low protective wall which is located along the edge of a roof on a building. 35. Pennants: Flexible material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually triangular shaped and in a series, designated to move in the wind. 36. Portable Sign: Any sign which is manifestly designed to be transported, including by trailer on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. 37. Principal Building: A building or buildings in which is conducted the principal use of the lot, not including storage buildings, garages, and buildings for other clearly accessory uses. 38. Principal Frontage: The wall of the principal building on a lot which fronts toward the principal public streets. 15-50 39. Projecting Sign: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. 40. Public Entrance: Any passage or opening which affords entry and access to the general public or customer. 41. Public Entrance, Common: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. 42. Pylon Sign: A freestanding sign erected on one (1) or more freestanding shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one (1) sign though it may have two (2) faces. 43. Ribbons or Streamers: Long or varied lengths of flexible material used to decorate. 44. Roof Line: The top of the cornice or, when the building has a pitched roof, the intersection of the outside wall with the roof. 45. Roof Sign: Any sign which is erected, constructed or attached wholly or in part upon any roof or over the highest roof line of a building. 46. Rotating Sign: A sign which revolves or rotates on its axis by mechanical means. 47. Service Entrance: Secondary passage or opening to a structure which is intended for delivery and removal of merchandise or goods, and which is not intended as a public entrance. 48. Sign: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in nature of advertisement, announcement, message or visual communication, whether painted, posted printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. 49. Sign Area: The surface of the sign upon, against or through which the message of the sign is exhibited. 50. Sign Setback: The distance from the property line and curb to the nearest part of the sign, measured perpendicularly to the property line or curb. 51. Sign Structure: The supports, uprights, bracing and framework for a sign. 52. Special Events: A temporary indoor or outdoor promotional or sales event. 15-51 53. Street Frontage: The side of a lot abutting one (1) or more streets. An interior lot has one (1) street frontage and a corner lot has two (2) or more frontages. 54. Temporary Indoor Promotional or Sales Event: A temporary promotional or sales event directed towards the general public including only grand openings, storewide sales, craft shows, registration for day care, an educational, recreational, civic or religious activity, and community celebrations. 55. Temporary Outdoor Promotional or Sales Event: A temporary promotional or special event sale directed towards the general public, including only grand opening sales, storewide sales of materials and products that are typically sold or serviced on the premises, registration for day care, an educational, recreational, civic or religious activity, community celebrations, warehouse sales, tent sales, sidewalk sales, craft shows, flea markets, inventory reduction and liquidation sales, and mechanical or animal rides. 56. Total Allowable Sign Area: The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated so as to create a surface area in excess of this requirement. 57. Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. 58. UL Approved: A device which has been approved by the "Underwriters' Laboratories" . 59. Wall Sign: A sign affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. Banners do not qualify as a wall sign. 60. Wall Graphics: A sign painted directly on an exterior wall. 61. Window Sign: A temporary sign affixed to the outside or inside of a window or inside the building within three (3) feet of a window in view of the general public. 15-52 401.15.G.5. GENERAL PROVISIONS. a. Traffic Signs. No sign permitted by this Ordinance shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No' private sign shall contain words which might be construed as traffic controls, such as "stop", "caution", "warning", etc., unless such sign is needed to !direct traffic on the premises. b. Signs on Fences, Poles, and NatLral Features. No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences, or trees, nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof, with the exception of signs necessary for security, or to preserve public safety, as determined by the City Council. C. Wall/Roof Attachments. No sign shall be attached to hang from any building until all necessary wall and/or roof attachments have been approved by the Building Official. d. Right-of-Way, Public Lands and Easements. No signs other than governmental signs shall be erected or temporarily placed within any street rights-of-way or upon any public lands or easements or rights-of-way. e. Ingress/Egress. No sign or sign structure shall be erected or maintained if it prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a stand pipe or fire escape. f. Property Number. A minimum of one (1) sign, as assigned by the City, shall be required on each principal building in all districts. Such sign shall be of sufficient size to be legible from the nearest street yet shall not exceed nine (9) square feet in area. The numbers shall be metal, glass, plastic or durable material and the numbers shall not be less than three and one-half (3.5) inches in height, in a contrasting color to the base or made of some reflective material and so placed to be easily seen from the street. g. Sign Message. Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced, as determined by the City Building Official shall be removed, repainted, repaired, or replaced by the permit holder, owner or agent of the property upon which the sign stands. h. Electrical Building Code. All signs shall be constructed in accordance with the Minnesota State Building Code and the National Electrical Code. The maximum brightness of the signs in combination with the building and site lighting shall not exceed the standards found in Section 401.15.8.7 of this Ordinance. All electrical service wiring shall be buried. 15-53 I. Hours of Operation. Signs in the R-B, B-1, B-2, B-3, B-4, B-W, and I Districts may only be illuminated during business hours, or until eleven o'clock (11 :00) PM, whichever is later. j. External Lighting. Signs with external lighting shall have no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. k. Internal Lighting. Signs with internal lighting shall include illumination of only the text and/or logo portion of the message. Back lighting of signage on fabric awnings is prohibited. I. Neon. Neon signs shall be limited to channel letter signs, logos, and permanent window signage in the R-B, B-1, B-2, B-3, B-4, B-W and I Districts. m. Setbacks. No part of a sign or sign structure shall be placed closer to the property line than five (5) feet. n. Flags. No more than three (3) flags may be displayed outside of a building. This number may, however, be increased provided an interim use permit is issued in compliance with Section 401.05 of this Ordinance and the following standards are met: 1) Where multiple flagpoles are used, there shall be a maximum spacing of twenty (20) feet allowed between the poles. 2) Where appropriate, the U.S. Flag Code, Minnesota Statutes or Executive Order shall apply to Federal and/or State flag displays. o. Angle Signs. The maximum angle permitted between faces of a double face freestanding sign is sixty (60) degrees, anything less is one (1) sign, anything more is two (2) signs. p. Property Lines. No sign shall be positioned so that it impacts or is exposed to residential uses or districts along adjoining side and rear yard property lines. 401.15.G.6. PERMITTED SIGNS IN ANY ZONING DISTRICT. The following signs are allowed without a permit unless otherwise specified. These signs, if placed in accordance with the following standards, will not apply toward the maximum allowable sign area, but shall comply with all other applicable provisions of this Ordinance. 15-54 a. Campaign Non-Commercial Speech Signs. Notwithstanding any other provisions of the sign ordinance, all signs of any size containing non- commercial speech may be posted from August in any general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election, in accordance with Minnesota State Statutes Section 211 B.045, as amended. b. Signage on bus benches, as regulated in the Oak Park Heights Code of Ordinances. For the purposes of this Ordinance, such sign age shall not be considered to be off-premises advertising signage. C. Permanent Window Signage. Shall not exceed twenty-five (25) percent of the total area of the window in which they are displayed. Lettering used in permanent window sign age exceeding three and one-half (3.5) inches in height shall be included in the calculations of allowable sign area permitted on that side of the building. Use of neon for permanent window sign shall be allowed within the requirements of this Section. d. Temporary Window Signs. Temporary window signs shall be permitted within the R-B, B-1, B-2, B-3, B-4, B-W and I Districts, provided that they do not exceed ten (10) percent of the front building facade. e. Additional Allowed Signs. 1) Two (2) signs not exceeding twelve (12) square feet shall be allowed per lot. 2) Upon approval of a final plat for a subdivision having not less than five (5) lots provided that:. a) One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater. b) The area of the sign shall not exceed thirty two (32) square feet. c) Freestanding signs shall be limited to a maximum height of eight (8) feet. d) The sign shall not be displayed for a period to exceed twenty four (24) months from the date a permit is issued for the sign or until building permits have been issued for eighty-five (85) percent of the lots or dwelling units within the subdivision, whichever is less restrictive. 15-55 3) A sign shall be allowed for a subdivision having not less than three (3) lots or principal buildings at its entrance from a major collector or arterial street provided that: a) Not more than one (1) sign shall be allowed at each entrance from a major collector or arterial street. b) The area of each sign shall not exceed fifty (50) square feet. c) Freestanding signs shall be limited to a maximum height of fifteen (15) feet. d) The sign(s) shall be located to accommodate said sign and related landscaping to meet all setback requirements. If the sign(s) are to be located on outlots, the outlots shall be designated on the preliminary plat and detailed plans for the area identification signs shall be submitted with the final plat. e) The area around the sign shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review and approval of the Zoning Administrator. f) The design and construction of the sign shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. The signs are to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject to the review and approval of the Zoning Administrator. 4) Additional signs shall be allowed upon approval of a final plat for a subdivision having not less than three (3) lots or approval of site and building plans for one (1) lot by the Zoning Administrator provided that: a) One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater. 15-56 b) The area of the sign shall not exceed sixty four (64) square feet. c) Freestanding signs shall be limited to a maximum height of eight (8) feet. d) The sign shall not be displayed for a period to exceed twelve months (12) months from the date a permit is issued for the sign or until occupancy permits have been issued for eighty- five (85) percent of the tenant spaces within the development, whichever is less restrictive. 401.15.8.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs are prohibited in all zoning districts: a. Any sign which obstructs or impairs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. b. Any sign which contains or imitates an official traffic sign or signal. c. Off-premises signs. d. Business signs on or attached to equipment, such as semi-truck trailers, being used in such a manner that advertising is a principal use of the equipment. e. Animated signs. f. Projecting signs. g. Roof signs. h. Signs displayed on vehicles within open sales lots. i. Any sign or display which contains or consists of banners, bannerettes, pennants, ribbons, streamers, strings of light bulbs, balloons and hot or cold air inflatable devices, spinners or similar outdoor advertising devices, except as may be approved by a special event permit in accordance with the provisions as set forth in Section 401.15.8.8 of this Ordinance. j. Portable signs. k. Wall graphics. I. Beacons. 15-57 m. Multi-faced signs. n. Signs supported by guy wires. o. Cabinet signs on buildings, except for logo signs. p. Signs and/or posts which are tacked onto trees, fences, utility poles or other such permanent supports, except safety signs and signs found on fences of athletic facilities q. All signs over four hundred (400) square feet in area. 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. b. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts, shall be allowed three (3) special events per calendar year. Each special event shall not exceed ten (10) days and shall not be extended for a total of three (3) consecutive time periods for each business. Once the time period has expired for the special event the applicant shall wait the same number of days that the sign permit was issued to start a new special event. c. Permitted Signs and Displays. The signs and displays described below are permitted for special events in addition to the maximum allowable sign area, provided they are professionally done and the following standards are met and complied with: 1) Small Balloons. a) The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension, except that balloon arches not exceeding eight (8) feet in height shall be allowed. b) Small balloons may be multi colored and incorporate logos and messages. c) Helium balloons shall be refilled daily. 15-58 2) Tents. a) Tents, including all ties, ropes, stakes, etc., shall be located entirely upon the permittee's property and shall comply with the City's setback requirements for accessory buildings. 3) Bannerettes. a) Bannerettes may be used on light standards or flag poles. b) No more than one (1) bannerette shall be allowed per standard or pole. c) Bannerettes shall be smaller than any United States flag on the property, and shall not be flown at a height greater than any United States flag allowed on the property. 4) Banners. a) Banners may be attached to poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. b) No more than two (2) banners shall be allowed. c) Banners shall not be larger than one hundred (100) square feet or higher than the wall of the principal building on the lot. 5) Search lights. a) Search lights as regulated in Section 401.15.B. 7 .g.1) of this Ordinance. d. Prohibited Signs and Displays for Special Events. The signs or displays described below are prohibited for special events: 1) Animated signs, light bulb strings, pennants, portable signs, ribbons, and streamers. 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 4) Large balloons or collections of small balloons exceeding two (2) feet in diameter, except for balloon arches not exceeding eight (8) feet in height. 15-59 5) Additional lighting that does not meet this Ordinance. 6) Any sign or display in the public right-of-way. 7) Air inflatable devices. e. Sign Permit Requirements for Special Event Lot Decorations. Before any special event signs or decorations shall be permitted to be used for an event, the responsible property owner or organization shall submit a completed application for a sign permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. Only after the City issues the sign permit, may a business display the special event signs and decorations. f. Violations. 1) It is a violation for any person, company, or organization to provide, erect or display any beacons, balloons or other advertising device which is not in conformity with the provisions of this Section. 2) Special event signs and decorations not removed by the last day of the special event. 401.15.8.9. DISTRICT REGULATIONS. a. R-1, R-1A, R-1B, R-1C, Single Family Residential and R-2, Low to Medium Density Residential Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to: 1) One (1) sign for each unit in a single and two family residential dwelling not exceeding two (2) square feet in area per surface. Lots abutting more than one (1) right-of-way shall be allowed one (1) sign not to exceed two (2) square feet in area per frontage. 2) Any multiple dwelling structure with three (3) or more units shall be allowed one (1) monument sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed thirty-two (32) square feet. 3) Other non-residential uses permitted or conditionally permitted in the R-1, R-1A, R-1 B, R-1 C, and R-2 Districts shall be allowed one monument sign, not to exceed eight (8) feet in height and one (1) wall sign, the aggregate square footage of sign space shall not exceed 15-60 forty (40) square feet. The signs shall not be illuminated except by conditional use permit as provided for in Section 401.03 of this Ordinance. 4) One (1) freestanding sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed four (4) square feet shall be allowed for home occupations as provided for in Section 401.15.M of this Ordinance, and day care nursery facilities as provided for in Section 401.15.N of this Ordinance. The sign shall not be illuminated except by conditional use permit as provided for in Section 401.03 of this Ordinance. 5) One (1) freestanding sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed six (6) square feet shall be allowed for bed and breakfast facilities as provided for in Section 401.22.E.3 of this Ordinance. The sign shall not be illuminated except by conditional use permit as provided for in Section 401.03 of this Ordinance. 6) Exceptions in numbers of height or size of signs may be allowed for the signs indicated in Section 401.15.8.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. b. 0, Open Space Conservation and R-3, Multiple Family Residential Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to: 1) One (1) sign for each unit in a single and two family dwelling not exceeding two (2) square feet in area per surface. Lots abutting more than one (1) right-of-way shall be allowed one (1) sign not to exceed two (2) square feet in area per frontage. 2) Any multiple family structure with three (3) or more units shall be allowed a total of four (4) signs for anyone (1) project to include the following: a) One (1) monument sign per entrance to the project not to exceed twenty-four (24) square feet or eight (8) feet in height. b) Wall signs not more than twenty-four (24) square feet nor higher than the top on the parapet wall or eave. 3) Other non-residential uses permitted or conditionally permitted in the 0, Open Space Conservation or R-3, Multiple Family Residential Districts shall be allowed one monument sign, not to exceed eight (8) 15-61 feet in height and one (1) wall sign, the aggregate square footage of sign space shall not exceed forty (40) square feet. 4) Parks or public facilities shall be allowed one (1) monument sign per street entrance, not to exceed eight (8) feet in height and one (1) wall sign. The aggregate square footage of sign space shall not exceed sixty (60) square feet. 5) Exceptions in numbers of, height, or size of signs may be allowed for the signs indicated in Section 401.15.8.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. c. PII, Public Institutional; R-B, Residential Business; and B-1, Neighborhood Business Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to three (3) signs per principal use upon the subject property, subject to the following conditions: 1) One (1) freestanding monument sign per entrance not more than forty (40) square feet or more than eight (8) feet in height; 2) Wall signs not more than forty (40) square feet nor higher than the top of the parapet wall or eave. 3) Parks or public facilities shall be allowed one (1) monument sign per street entrance, not to exceed eight (8) feet in height, and one (1) wall sign. The aggregate square footage of sign space shall not exceed sixty (60) square feet. 4) Exceptions in numbers of, height, or size of signs may be allowed for the signs indicated in Section 401.15.8.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. d. B-2, General Business; B-3, Highway Business and Warehousing; B-4, Limited Business District; and I, Industrial Districts. Except as otherwise provided in this Ordinance, single occupancy business signs in these districts shall be limited to: 1) Maximum Allowable Sign Area. Column A Allowable Siqn Areall Column B Percentage Allowable~_ Column C Total Allowable;ll B-2 and B-3 Districts B-W and I Districts 100 SF or 125SFor 15% up to 18% up to 300 SF 400 SF 15-62 Footnotes: 1) Allowable sign area regardless of building facade. 2) Maximum allowable sign area based on percentage area of front building facade. When a building faces two (2) or more streets, calculation of the maximum allowable sign area shall be based upon the front building facade and the smallest building facade facing a street frontage. 3) Total maximum allowable sign area per lot or business. Sign areas exceeding the maximum shown on column c) but less than the area allowed in column b) hereof, may be allowed by conditional use permit or as part of an approved planned unit development. 2) Freestanding Signs. a) A maximum of one (1) freestanding sign is allowed upon any single lot. Sign area may not exceed one hundred (100) square feet and a maximum height of twenty (20) feet. The freestanding sign base shall be surrounded with a landscape planter at least three (3) feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials. b) Two (2) additional freestanding signs may be allowed provided they are in compliance with the following standards: (1) The signs are constructed as a monument sign and shall not exceed a height of eight (8) feet. (2) Decorative shrubbery and/or flowers must be incorporated as a part of the monument design and are maintained on a regular basis. (3) The gross area of the signs, when added together with all other freestanding and wall sign areas, does not exceed the maximum allowable sign area established for the lot. (4) Monument signs may incorporate additional berming on a slope of three to one (3:1) where the berming is incorporated into an overall landscape design plan. Landscaping shall be provided on the slopes of the berm in an interesting and varied appearance. Where a planter box is incorporated, the landscaping shall occur in and around the planter with a similar attractive design. In both cases, the height of the sign, including the planter box shall not exceed eight (8) feet. 15-63 (5) Signs allows pursuant to Section 401.15.G.6 of this Ordinance. c) The cumulative total sign area, when added to the gross sign area of all wall signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to Section 401.15.G.6 of this Ordinance, shall not exceed the maximum allowable sign area under Section 401.15.G.9.d.1) of this Ordinance. 3) Wall Signs. a) The maximum number of wall signs on any principal building shall be two (2), and in all cases, each sign shall be placed on a separate building facade, with or without street frontage except as allowed for multiple occupancy buildings in Section 401.15.G.10.d of this Ordinance. b) The maximum number of wall signs allowed may be increased over two (2) by conditional use permit for single occupancy buildings provided the following minimum standards are met: (1) There shall be no freestanding sign exceeding eight (8) feet in height upon the lot. (3) The wall signs shall be identical in style, color and size. c) The cumulative total sign area, when added to the gross sign area of all freestanding signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to Section 401.15.G.6 of this Ordinance, shall not exceed the maximum allowable sign area under Section 401.15.G.9.d.1) of this Ordinance. d) Signs may also be placed on the side of a building not facing a street. No building site may have signage in excess of the signage allowed for that side of the building based upon the maximum allowable sign area of the building facade. e. Sign Tables. Sign tables that summarize the district sign allowances are found on the following page. 15-64 SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET* Zoning Identifi- Freestanding Wall Temp Perm District cation Window Window All Res. Non- All Res. Non- Uses Res. Uses Res. 0 -- -- 24 40' -- 24 40' -- 25%6 R-1/R-2 -- -- 322 40' -- 322 40' -- 25%6 R-3 -- -- 24 40' -- 24 40' -- 25%6 R-B 4 40 -- -- 40 - -- 100// 25%6 B-1 4 40 -- -- 40 -- -- 100// 25%6 B-2 4 1003 -- -- -- 3 -- -- 10%7 25%6 B-3 4 1003 -- -- -- 3 -- -- 100// 25%6 B-4 4 1003 -- -- -- 3 -- -- 100// 25%6 BW 4 1005 -- -- -- 5 -- -- 10%7 25%6 I 4 1005 -- -- 5 -- -- 100// 25%6 P-I -- 40 -- -- 40 -- -- -- 25%6 1 Aggregate square footage of both freestanding and wall signs not to exceed 40 square feet. 2 Aggregate square footage of both freestanding and walls signs not to exceed 32 square feet. 3 Allowable sign area is 100 square feet or 15% of front building facade up to 300 square feet. 4 Allowable sign area is 50 square feet or 10% of front building facade up to 200 square feet. 5 Allowable sign area is 125 square feet or 18% of front building facade up to 400 square feet. 6 Percentage based upon total window area. 7 Percentage based upon front building facade. SIGN TYPE AND MAXIMUM HEIGHT IN FEET* Zoning Freestanding Freestanding Wall Address District Monument 0 8 8 Top of parapet wall or eave 3.5 in. R-1/R-2 8 6 Top of parapet wall or eave 3.5 in. R-3 8 8 Top of parapet wall or eave 3.5 in. R-B 8 8 Top of parapet wall or eave 3.5 in. B-1 8 8 Top of parapet wall or eave 3.5 in. B-2 8 20 Top of parapet wall or eave 3.5 in. B-3 8 20 Top of parapet wall or eave 3.5 in. B-4 8 20 Top of parapet wall or eave 3.5 in. BW 8 20 Top of parapet wall or eave 3.5 in. I 8 20 Top of parapet wall or eave 3.5 in. P-1 8 8 Top of parapet wall or eave 3.5 in. * Not a complete listing. Please refer to Section 401.15.8.9, District Regulations and Section 401.15.8.10. Special District Provisions for specific standards. 15-65