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HomeMy WebLinkAboutPlanning Commission - 08/22/2022AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, August 22, 2022 - 7:00 P.M. PLANNING COMMISSION MEMBERS: John Kirk, Andrew Pieper, Ed Farr, Carole Mette, William Gooding, Rachel Markos, Robert Taylor, Daniel Grote, Frank Sherwood STAFF MEMBERS: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Manager of Parks and Natural Resources I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE -- ROLL CALL III. APPROVAL OF AGENDA IV. MINUTES A. Approval of the Minutes for the August 8, 2022 meeting V. PUBLIC HEARINGS A. CODE AMENDMENT FOR SIGNS Request for: • Amend City Code Chapter 11 related to signs in the Office, all Town Center, all TOD, and RM-2.5 zoning districts B. CODE AMENDMENT FOR TEMPORARY OUTDOOR SALES Request for: • Amend City Code to allow temporary sales events for retailers VI. PLANNERS’ REPORT VII. MEMBERS’ REPORTS VIII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, AUGUST 8, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Rachel Markos, Carole Mette, William Gooding, Robert Taylor, Dan Grote CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL All commission members were present. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Markos to approve the agenda. MOTION CARRIED 9-0. IV. MINUTES MOTION: Farr moved, seconded by Kirk to approve the minutes of June 27, 2022. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. OLYMPIC HILLS 8TH ADDITION Request for: • Planned Unit Development Concept Review on 0.19 acres • Planned Unit Development Amendment with waivers on 0.19 acres • Preliminary Plat on 0.19 acres Brian Field from Anderson Engineering presented a PowerPoint and detailed the application. The site was zoned RM-6.5 multi-family low density residential. Field displayed photographs of the existing site including overhead, north, south PLANNING COMMISSION MINUTES August 8, 2022 Page 2 and east views along with views of the corner lot with an open field and the right- of-way. The waivers requested were a front yard setback from 30- to 20 feet and a lot depth of 100 feet. Field stated the minimum rear lot depth on outlot C was a 95-foot average depth. He stated the site had ample room for home construction and the proposal was in line with the surrounding neighborhood. The proposal included a 4,000 square foot residential house with a three-car garage and an 1,800 square foot foundation. He displayed the site grading and drainage swale (east) plan, water service and sanitary service. Barnhart gave the staff report. The applicant proposed to replat one outlot on 0.19 acres to allow for the construction of a single-family home. The lot was originally intended to be a tot lot for the Olympic Hills development when platted in the late 1970s, but it was never constructed. A landscaping plan would be required for this project. The future lot owner would be responsible for the maintenance of the right-of-way sod and landscaped area. The setback waiver was requested in part because of the right-of-way adjacent to the property and the lot depth in this triangular shape of land. Staff recommended approval subject to conditions outlined in the staff report. Mette asked if the intent was for the golf course to retain ownership, and Field replied the intention was to sell. Taylor asked if the setback waiver was intended to keep the landscaped area. Field replied the 30-foot setback would not allow for a conventional building path whereas the 20-foot would, and the eventual owner would maintain the landscape. Kirk asked if the outlot was designated open space in original PUD, and Barnhart replied it was an outlot only used as a tot lot. Farr stated he was disappointed with the proposal, as he determined that a tot lot, whether formalized or not, had been part of the development and the clear intention for this open space in this neighborhood. He at minimum would expect an apology and compensatory damages before approaching the commission with a development like this. Barnhart replied the tot lot was not a formal requirement, and there had been no documented request by the neighborhood for the use of this tot lot which was also not generally requested in developments. Mette asked if the City Attorney had looked into this, and Barnhart replied the Attorney had not. Mette observed more outlots around the golf course and asked if any of those theoretically be converted into buildable plats in the future. Barnhart agreed it was theoretically possible though some might not have sufficient street frontage. Olympic Hills was an arm of the developer, but the development agreement was with the original developer. PLANNING COMMISSION MINUTES August 8, 2022 Page 3 Jerry Pitzrick, resident at 9322 Overlook Trail, stated this was a tot lot, and that it would remain so was the expectation all along, that Olympic Hills would take responsibility for this land which the neighborhood instead took care of for the last 20 years. He noted that with the filing of a formal complaint, the three weeks’ time for the owner to respond, and another two weeks for the City to respond to the landowner’s nonresponse, an answer for the neighbors was delayed five weeks. He stated the neighborhood was not imposing a terrible burden but rather had cared for a property the owner had abandoned and had also abandoned its original agreement out of arrogance. The existing single family lots were 25 percent or more larger than this proposed lot and thus not similar in size. The drawing on page 20 showed the front yard setback decreased by one-third and encroachment on the backyard setback. The development would be35 feet away from the neighbors’ four-season porch, about the width of Council Chambers. He invited commission members to visit the site and see the situation for themselves As a civil engineer, objected to the grading plan and warned the water runoff would affect houses to the north. He asked if the engineer had planned for a 100- year storm event. The plans showed a bend in the water flow which would naturally flow in a straight line. He also expressed concern about the creation of a blind corner, as his mailbox had already been hit multiple times and there were accidents. Rue stated there were plans to improve the lots and agreed this would be converted into a 90-degree intersection. Pitzrick stated the original developer did not construct the road correctly. He pleaded for a unanimous vote against the development to send a message to the developer for breaking their commitment 45 years ago no hardship no cost, and if the commission was not ready for a unanimous vote, to open the discussion to the public. Pete Truhlar, resident at 9335 Overlook Trail, handed Pieper a copy of the petition signed by the neighborhood and added one resident did not for fear of retaliation. He spoke against the loss of green space, trees, and the play area for the kids, and voiced concern about safety. He also invited the commission members to visit his home and see how the development would impact him, being so close to his four-season porch. Ted Folstad, resident at 9285 Overlook Trail, stated he was also an engineer and noted this plan did not conform to the design on file. He was also concerned about safety with the street already needing repair. Pete Platzke, resident at 9337 Overlook Trail, spoke against the development. Judy Folstad, resident at 9285 Overlook Trail, spoke against the development. PLANNING COMMISSION MINUTES August 8, 2022 Page 4 Kathryn Cinkle, resident at 9265 Overlook Trail, spoke against the development. Bill Cole, resident at 9295 Overlook Trail, spoke against the development and added his understanding that the lot would not be developed drove his decision to purchase the property. Andrea Platzke, 9337 Overlook Trail, spoke against the development and added his understanding that the lot would not be developed drove her decision to purchase the property. She also expressed concern for the safety of children who currently used the lot Anna Grossbach, 9330 Overlook Trail, spoke against the development. Dave Gramling, 9210 Overlook Trail, spoke against the development and added Olympic Golf Course had not paid a single tax dollar on that land for 45 years, whereas it limited their club’s membership of their private course. Joseph LoCascio, controller at Olympic Hills Golf Club since 2017, replied that the Club came under new ownership in the mid-2000s and believed the property had been taken care of by a lawn service. After that the Club resumed responsibility of the lawn care under LoCascio’s watch. Brian Field clarified the rendering Pitzrick saw was not to scale and the setbacks were being met. Rudy Luther, new General Manager at Olympic Hills Golf Club, gave some background and explained that having seen this lot as a possible development, crafted a proposal with the intent to have a new single-family home. The golf course redesign done was also intended to help the community. Judy Folstad, returned to the mic and asked if the commission members would like this development in their own community. MOTION: Sherwood moved, seconded by Farr to close the public hearing. Motion carried 9-0. Mette agreed she would be upset if an understanding would be breeched, however, she also understood the rights of developers. She agreed the neighborhood had a case and the City Attorney needed to review this as it appeared there was an agreement to have this be a tot lot. She concluded she would vote against the proposal. Markos noted developers gave outlots to the City so the City could control them, and she was curious why this outlot was not given to the City. Certainly, the situation was different in the past, but she wondered why so many little properties were still owned by the Golf Course. She asked also if the plans for the road should be improved before the development. PLANNING COMMISSION MINUTES August 8, 2022 Page 5 Barnhart replied he had no answer as to why the outlot was not acquired in 1976. Processes changed over time for this reason. Bourne added this was not a unique situation, as other developments had brought forward recreational outlots that were never developed. Recently it was the City’s idea they should be deeded to the City. Recreational outlots were tax-exempt, and the owner had the option to repurchase them. He could think of several large developments in which such agreements were not kept. Taylor stated he had listened carefully to the history and appreciated the community stepping up and asked where the developer had been all this time while neighbors were maintaining this outlot. He asked for more feedback and if there were alternative options. Luther reiterated he had not been involved prior to 2017 and nothing was brought to his attention as to the lack of maintenance. Here merely saw a development opportunity to build a home for a new member of the community. Rue stated he did not know why the road was built in 1976 they way it was; the plat showed a curve with an eyebrow cul-de-sac instead, and the concerns heard tonight about safety were not known to him. The City redid this road two or three years prior and from a feasibility standpoint it did not make sense to rebuild the street unless it was necessary. The City would request some type of petition and plan ahead for that. Kirk stated the most troubling was the clear expectations of multiple homeowners that this outlot would not be developed and this was clearly communicated to the neighborhood over multiple years. Eden Prairie famous for its open space, and such unanimity of feedback made him unable to vote for this. Gooding noted the applicant came before the commission due to the waivers, which required a balance, and in his mind the testimony of neighboring homeowners made valid reasons for him to reject these waivers. Farr stated this application was simply not acceptable for approval, as there had been no apology or any attempt to make amends. He emphasized the applicant should meet and mend fences with the neighborhood and negotiate. He added he was disappointed at this proposal and the waste of this commission’s time. Sherwood asked for and received confirmation from fellow commission members this development was built on spec, i.e., there was no existing homeowner for this property. PLANNING COMMISSION MINUTES August 8, 2022 Page 6 Mette reiterated the fact that theoretically, without the request for waivers, all outlots could be instantly converted and sold for development without the commission’s knowledge, and Gooding agreed this was a huge concern, stating he could not support the proposal. Kirk stated the commission and perhaps the City needed to have a very clear understanding of what an outlot meant; he had thought it was clear and it evidently was not in this case. Barnhart replied the creation of an outlot established a use for the property but that could change. Every situation was different and required research, and he did not have a general response, but in this situation, he did not find any impediment to this outlot’s purpose being change. Pieper took a straw poll of the commission’s prospective vote on this measure. Mette asked for and received confirmation a denial passed tonight would still be sent to the City Council, which could vote as it saw fit. MOTION: Mette moved, seconded by Farr to recommend denial of the Planned Unit Development Concept Review on 0.19 acres; Planned Unit Development Amendment with waivers on 0.19 acres; and Preliminary Plat on 0.19 acres based on the plans stamp dated July 22, 2022, and the staff report August 8, 2022. Motion carried 9-0. B. CODE AMENDMENT FOR BUILDING MATERIALS Barnhart presented the staff report. This Code Amendment would speak to three areas of the Building Code standards. One was to establish a maximum of fiber- cement panels/siding to be used as Class One materials on residential buildings. The prohibition against painted brick would also be removed. Third, what percentage of Class One materials would be allowed in single-story buildings would be clarified. None of these represented a policy change. MOTION: Farr moved, seconded by Kirk to close the public hearing. Motion carried 9-0. Farr noted a minor correction on page 304, in which “external” should be changed to “exterior” in the acronym EIFS. MOTION: Kirk moved, seconded by Taylor to recommend approval of the Code Amendment Chapter 11 Exterior Building Materials with the minor change noted by Farr, based on the staff report dated August 8, 2022. Motion carried 9-0. C. CODE AMENDMENT FOR SIGNS PLANNING COMMISSION MINUTES August 8, 2022 Page 7 Barnhart presented the staff report. This was a housekeeping issue to make the sign code content neutral to comply with the US Supreme Court ruling and the subsequent adjustments made by the City. The proposed amendment regarding signs would reinstate allowances for incidental signs that was accidently omitted in this previous amendment process and make housekeeping clarifications in the Sign Code. MOTION: Taylor moved, seconded by Gooding to close the public hearing. Motion carried 9-0. MOTION: Mette moved, seconded by Markos to recommend approval of the Code Amendment Chapter 11 Signs, based on the staff report dated August 8, 2022. Motion carried 9-0. D. CODE AMENDMENT FOR STORMWATER MANAGEMENT Barnhart presented the staff report. Here again there was no change in practice or policy, but another housekeeping issue to update City Code language with changes at the MPDS and MS4 permits. Farr reiterated the importance of uniform zoning codes throughout the state which helped communities at the local level, including Eden Prairie. MOTION: Gooding moved, seconded by Sherwood to close the public hearing. Motion carried 9-0. MOTION: Markos moved, seconded by Kirk to recommend approval of the Code Amendment Chapter 11 Stormwater Management, based on the staff report dated August 8, 2022. Motion carried 9-0. PLANNERS’ REPORT MEMBERS’ REPORTS Pieper credited Farr with a quote attributed to him (Pieper) in the recent Sun Sailor. VI. ADJOURNMENT MOTION: Kirk moved, seconded by Taylor to adjourn. Motion carried 9-0. The meeting was adjourned at 8:26 p.m. STAFF REPORT TO: Planning Commission FROM: Sarah Strain, Planner II DATE: August 22, 2022 SUBJECT: Code Amendment – City Code Chapter 11, relating to the Sign Code BACKGROUND Planning staff’s work plan includes a comprehensive update to the Sign Code. The updates are intended to address multiple items including content neutrality, sign regulations for recently created zoning districts, organization/format, and housekeeping items. Additionally, staff has identified opportunities to provide more flexibility to the site user. The first phase of the sign code update was content neutrality, which was approved by City Council earlier this year. This second phase includes the creation of sign regulations for the TOD and Town Center zoning districts as well as amendments to existing regulations in the Office and RM-2.5 zoning districts. OBJECTIVES The objective of the proposed code amendments is to establish sign regulations for the recently created Town Center and Transit Oriented Development (TOD) zoning districts as well as expand sign allowances in the Office and RM-2.5 zoning district. Additional housekeeping items are intended to clarify portions of the code to provide for consistency in application and enforcement. The proposed amendments here assume the incidental sign amendment, currently scheduled for review by City Council, is approved. The attached draft tracks the changes proposed. PROPOSED CODE AMENDMENTS Office Zoning District Three (3) of the four (4) variances approved by the Planning Commission last year were related to signage in the Office zoning district. This prompted staff to review the Office sign standards. Compared to neighboring communities, Eden Prairie has some of the most restrictive sign allowances in the Office zoning district. City Code currently allows one (1) 50 square foot wall sign per street frontage. Properties with one (1) street frontage are allowed one (1) 50 square foot freestanding sign; additional street frontages are each allowed 36 square feet of freestanding signage. Many of the Office zoned properties are located adjacent to or are intermixed with Commercial or Industrial zoning districts, which both have greater sign allowances than the Office zoning district. The table on the following page summarizes the proposed amendments to the Office zoning district sign allowances. Office zoned properties with one (1) street frontage would be allowed one (1) 80 square foot freestanding sign. Properties with additional street frontages would each be allowed 36 Staff Report – Phase Two Sign Code Amendments Page 2 2 square feet of freestanding signage per additional street frontage; this is the current allowance for additional street frontages in the Office zone and is proposed to remain unchanged. The amendment would make freestanding sign allowances in the Office zone consistent with allowances in Commercial zones. For wall signs, a ratio approach is proposed to scale the size of the sign to the building, similar to the scaling of Commercial wall signs. Multitenant buildings are currently allowed 30 square feet of signage per tenant if the sign is located on the ground floor; there are no proposed changes. Sign Type Current Allowance Proposed Allowance Freestanding/Monument 50 square feet; additional frontages allowed 36 square feet each 80 square feet; additional frontages allowed 36 square feet each Wall Sign 50 square feet per street Wall < 2,500 square feet = 50 square foot sign Wall > 2,500 square feet = sign size equal to 2% of wall area up to 150 square feet Wall Sign (for multitenant structures) 30 square feet per tenant. Sign must be located at ground floor. 30 square feet per tenant. Sign must be located at ground floor. Town Center and Transit Oriented Development (TOD) Zoning Districts The Town Center zoning districts were originally established in 2007, and the Transit Oriented Development (TOD) districts were established in 2016. Both districts underwent amendments in 2018 to bring their standards closer in line with each other. When the district was established, the Commercial sign regulations were applied as a placeholder. The current Commercial sign regulations do not provide the flexibility desired for these multi-modal, walkable areas. The intention of these new sign regulations is to allow additional signage that is typical of downtown, multi-modal areas. The Town Center Design Guidelines and reviews of neighboring downtown areas served as the basis for these proposed sign code with some modifications. One notable modification, the Town Center Design Guidelines do not recommend awning signs. Signage on store awnings is typical of downtown areas and is a desired feature for creating a pedestrian atmosphere. To allow awning signs while respecting the Town Center Design Guidelines, the proposed draft clarifies that the signage must be integrated into the main structure of the awning. The intention is to discourage temporary awning signs. The following new definitions are proposed as part of the new regulations: Staff Report – Phase Two Sign Code Amendments Page 3 3 Awning Sign – A sign that is integrated into the roof like structure projecting over a window, doorway, deck, patio, or storefront. A-Frame/Sandwich Board Sign – Sandwich board signs are self-supporting, A-shaped, freestanding temporary signs with two visible sides that are situated adjacent to a business, typically on a sidewalk. The proposed section I in the attached draft sign code language outlines the proposed sign regulations for the Town Center and TOD districts. Sandwich Board Signs As part of these updates, staff is proposing to allow A-frame/sandwich boards in all non- residential zoning districts. City Code does not currently allow sandwich board signs in any zoning district. Staff is aware that properties throughout the City are currently using sandwich boards. To the best of staff’s knowledge, there have not been complaints about the sandwich boards. The proposed definition for sandwich board signs is presented above. The proposed code amendment would allow one (1) sandwich board sign per tenant in all non-residential zoning districts. The sign will need to meet all front, side, and rear yard setback requirements and cannot be located in a vehicular lane, parking stall, or required pedestrian pathway. The sandwich board sign can only be displayed in front of and during the operating hours of the tenant advertised. RM-2.5 Zoning District The creation of residential sign allowances as part of the TOD and Town Center zoning districts prompted staff to look at the signage currently allowed by City Code for residential properties. All residential zoning districts are allowed one (1) six (6) square feet sign per building. While this is appropriate in scale for single family homes and townhomes, it is insufficient for multifamily or senior living. This is often not enough signage to install the address legibly, let alone provide any additional wall signs for building identification or internal wayfinding, including parking garage locations and leasing offices. Signs are typically reviewed administratively after the development process. Staff works with sign contractors to bring sings into compliance with City Code at the time of sign permit application. To the best of staff’s knowledge, there have not been waivers granted for wall sign size in the RM-2.5 zoning district. One of the waivers requested by the Eden Prairie Multifamily project is for wall sign size to be able to have more signage than six (6) square feet. Compared to neighboring cities, all other cities allow multifamily buildings more signage than six (6) square feet. The most restrictive had maximum sign areas of 24 square feet, which is four (4) times larger than the current allowance. The highest sign area allowances were 75 square feet. To allow additional wall signage to multifamily buildings, and in keeping with area cities, staff is proposing to increase the allowed wall signage in the RM-2.5 zoning district to 25 square feet Staff Report – Phase Two Sign Code Amendments Page 4 4 per street frontage. There are no proposed changes to freestanding sign allowances. Sign Type Current Allowance Proposed Allowance Wall Sign 6 square feet per building 25 square feet per street frontage STAFF RECOMMENDATION Staff recommends approval of the amendments to Chapter 11 relating to the Sign Code as represented in the August 22, 2022 staff report and the attached draft sign code language. Page 1 of 5 Draft Sign Code Language 1 August 22, 2022 2 3 The proposed language below is intended to illustrate the content of the proposed sign code amendment. The 4 actual ordinance formatting will be finalized before the public hearing at City Council. 5 6 Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: 7 Awning Sign means a sign that is integrated into a roof like structure projecting over a window, doorway, deck, 8 patio, or storefront 9 Sandwich Board Sign means a self-supporting, A-shaped, freestanding temporary signs with two visible sides that is 10 situated adjacent to a business, typically on a sidewalk. 11 12 Subd. 4. General Provisions Applicable to All Districts 13 14 T. One (1) sandwich board sign is permitted per lot or parcel of record, or if the lot or parcel contains multiple 15 tenants, one (1) sandwich board sign per tenant is permitted except for parcels in the R, R1, and RM zoning 16 districts. A sandwich board sign may not be located within any required setbacks, vehicular travel lanes, or within a 17 parking stall and mut not obstruct any required pedestrian pathways. Sandwich board signs may only be displayed 18 during the operating hours of the user or tenant displaying the sign. 19 20 U. Signs that identify the address of a building are required by the State Building Code and State Fire Code and are 21 permitted in all districts. Any address-identification sign less than six (6) square feet will not count toward a 22 building’s maximum square foot allowance for wall signs. 23 24 Subd. 5. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted 25 in each specific district subject to the following conditions and restrictions. 26 A. Residential Districts: R, R-1, RM,. 27 1. Wall Signs. For the R, R-1 and RM-6.5 zoning districts, one (1) wall sign per building not greater than six 28 (6) square feet in area. For the RM-2.5 zoning district, the total wall signage permitted is twenty-five 29 (25) square feet per street frontage. 30 2. Free-Standing Signs and Yard Signs. 31 a. One (1) free-standing sign per development, per street entrance not greater than thirty-two (32) 32 square feet in area and not greater than six (6) feet in height. 33 b. Each lot or parcel of record may have one or more yard signs, provided that (i) the total area of 34 all yard signs on the lot or parcel of record may not exceed six (6) square feet, and (ii) no single 35 sign may exceed six (6) square feet in area and three (3) feet in height. 36 c. Sign Setback. Signs must not be placed closer than ten (10) feet from any public right-of-way line. 37 d. Sign Base. The sign base of a free-standing sign may not exceed one-half (½) the maximum 38 permitted sign area. 39 e. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area 40 of a single-faced sign. 41 f. Free-standing signs that are double-faced signs must be placed back to back with not more than 42 thirty (30) inches between facings. 43 3. Temporary signs are permitted only as provided in Subdivision 4. 44 Page 2 of 5 4. Incidental signs are permitted in the RM district as provided in Subdivision 4. Incidental signs are not 45 permitted in the R or R-1 district. 46 47 B. Commercial Districts: N-Com, C-Com, C-Hwy, C-Reg-Ser, C-Reg, 48 49 C. Office District;. 50 1. Free-standing Signs. 51 a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to 52 exceed eighty (80) square feet. 53 b. Where a lot or parcel of record has two (2) or more frontages, one (1) free-standing sign not to 54 exceed eighty (80) square foot sign is permitted on one frontage, and the additional frontages 55 are each permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed 56 sign must be located on the street frontage generating the allowance. 57 c. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line. 58 d. Height. Free-standing signs may not exceed eight (8) feet in height. 59 e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. 60 f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area 61 of a single-faced sign. 62 g. Free-standing signs that are double-faced signs must be placed back to back with not more than 63 thirty (30) inches between facings. 64 2. Wall Signs. 65 a. The total area of wall signage on any wall may not exceed fifty (50) square feet when the surface 66 area of the wall does not exceed 2,500 square feet. When the surface area exceeds 2,500 square 67 feet, the total area of wall signage may not exceed two percent (2%) of the wall, not to exceed a 68 maximum sign area of one hundred fifty (150) square feet. 69 b. For multitenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the 70 building at the ground floor not to exceed thirty (30) square feet is permitted in addition to the 71 signage allowed in item 2.a above. 72 c. Square foot allowances for wall signs may be divided between multiple signs so long as the total 73 square footage per façade does not exceed the maximum allowed in item 2. 74 3. Temporary signs are only permitted as provided in Subdivision 4. 75 4. Incidental signs are permitted as provided in Subdivision 4. 76 77 D. Industrial District: I-2, I-5, and I-GEN;. 78 79 I. Town Center and TOD Districts: TOD-E, TOD-MU, TOD-R, TC-C, TC-R, and TC-MU 80 1. Free-standing Signs. 81 a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to 82 exceed eighty (80) square feet. 83 b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign 84 not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages 85 are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign 86 Page 3 of 5 must be located on the street frontage generating the allowance. No free-standing sign may be 87 closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of 88 record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are 89 exempt from this distance requirement. 90 c. For the TOD-R and TC-R districts, one (1) sign not to exceed thirty-two (32) square feet per street 91 entrance is permitted. 92 d. Setback. Signs need not be setback from the property line, so long as there is no conflict with 93 public utilities or traffic sight lines as determined by the City Engineer. 94 e. Height. Maximum height may not exceed twenty (20) feet when located along arterial roadways. 95 The location of the sign must be on the side of parcel abutting the arterial roadway. When 96 located along collector, local, or private roadways, maximum height may not exceed eight (8) 97 feet. 98 f. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. 99 g. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area 100 of a single-faced sign. 101 h. Free-standing signs that are double-faced signs must be placed back to back with not more than 102 thirty (30) inches between facings. 103 2. Wall Signs. 104 a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen 105 percent (15%) of the wall area when the wall area does not exceed five hundred (500) square 106 feet. When the wall area exceeds five hundred (500) square feet, a wall sign may not exceed 107 seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred 108 (500) square feet. In no event may the maximum sign area for any wall sign exceed three 109 hundred (300) square feet. 110 b. Wall area will be computed individually for each tenant in a multi-tenant building based on the 111 exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its 112 wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall 113 when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds 114 five hundred (500) square feet, the wall sign may not exceed seventy-five (75) square feet plus 115 five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the 116 maximum sign area for any individual tenant wall sign in a multi-tenant building exceed three 117 hundred (300) square feet. 118 c. In the TOD-R and TC-R districts and for residential portions of mixed use buildings, twenty-five 119 (25) square feet of wall signage located at the ground floor of the building is permitted per street 120 frontage. 121 In addition to the signage allowed at the ground floor, residential portions of buildings, either 122 single or mixed use, are allowed one (1) wall sign above the ground floor. Signs located above the 123 ground floor are allowed ten (10) square feet of sign area per story of the building, up to fifty 124 (50) square feet. The size of the sign must correlate to the sign’s location on the building, not the 125 overall height of the building, as outlined in the following table. The ground floor sign allowance 126 may not be added to upper story sign allowance to create one or more signs larger than 50 127 square feet. 128 129 Sign Location on Building Exterior Upper Story Maximum Sign Area 2nd story 25 sq ft Page 4 of 5 3rd story 30 sq ft 4th story 40 sq ft 5th story or higher 50 sq ft 130 d. Wall signs for a multi-tenant building must be located on the building in a uniform manner or within an 131 architectural sign band area. 3. Projecting signs are permitted in all TOD and TC zoning districts. 132 Projecting signs will be counted as part of the total allowable wall signage, but the area of the 133 projecting sign will not be counted as part of the total wall area. A projecting sign may not exceed ten 134 (10) square feet. The distance between sign faces must be no more than twenty (20) degrees or twelve 135 (12) inches. Projecting signs are limited to a projection distance of not more than four (4) feet from the 136 building façade onto which it is attached. A projecting sign may not project into the public right-of-way 137 nearer than two and one-half (2.5) feet to the street curb or curb line. Signs may not project onto 138 private property without an encroachment agreement that has been approved by the City and 139 recorded with the County. 140 4. Awning signs are permitted in all TOD and TC zoning districts. An awning sign is permitted only as an 141 integral part of the awning to which it is attached or applied and must be parallel to the building. 142 Awning signs will be counted as part of the total allowable wall signage for the building, but the 143 awning area will not be counted as part of the total wall area. Signs on awnings are permitted on both 144 the awning flap (valance) and awning face (shed). Awning signs extending over a public sidewalk are 145 limited to a projection distance of not more than four (4) feet from the building façade onto which it is 146 attached. An awning may not project into the public right-of-way nearer than two and one-half (2.5) 147 feet to the street curb or curb line. Awning signs may not extend onto private property without an 148 encroachment agreement that has been approved by the City and recorded with the County. 149 5. Temporary signs are permitted only as provided in Subdivision 4. 150 6. Parking Structures. Parking structures are allowed twenty (20) square feet of wall signage per entrance 151 to the structure. Signs must be located near the entrance to the parking structure. 152 7. Incidental signs are permitted as provided in Subdivision 4. 153 154 Subd. 7. Administration and Enforcement. 155 A. Permits. Except as provided in subparagraph B below, the owner or occupant of the premises on which a sign 156 is to be displayed, or the owner or installer of such sign, must file an application with the City for permission 157 to display the sign. Permits are required for all existing, new, relocated, modified, or redesigned signs. The 158 applicant must complete the application form provided by the City and submit with the application a 159 complete description of the sign and a sketch showing its size, location, manner of construction, and such 160 other information as is necessary to inform the City of the proposed kind, size, material, construction, and 161 location of the sign. The applicant must also submit at the time of application the then-current application 162 fee set by Council ordinance or resolution. The City Manager or their designee will approve or deny the sign 163 permit no more than thirty (30) days from the receipt of the complete application and the applicable fee. If a 164 sign authorized by permit has not been installed within three (3) months after the date of issuance of the 165 permit, the City Manager may, at their sole discretion, revoke the permit. 166 B. Exemptions. The exemptions permitted by this subparagraph apply only to the requirement of a permit, and 167 may not be construed as excusing the installer of the sign, or the owner of the property upon which the sign 168 is located, from conforming with the other provisions of this section. No permit is required under this 169 subdivision for the following signs: 170 1. A window sign placed within a building and not exceeding ten percent (10%) of the window area. 171 Page 5 of 5 2. Signs erected by a governmental unit or public school district. 172 3. Temporary signs. 173 4. Signs or tablets when cut or built into the walls of a building and constructed of bronze, stone, or 174 marble. 175 5. Incidental signs. 176 6. Flags. 177 7. Yard signs. 178 8. Sandwich board signs. 179 TO: Planning Commission FROM: Jeremy Barnhart, City Planner DATE: August 22, 2022 SUBJECT: Code Amendments – Outdoor Sales Events and signage BACKGROUND Section 11.03 of the Zoning Code allows businesses in all Commercial zoning districts an opportunity for Temporary or Permanent Outdoor Display area, with certain restrictions related to location, size, parking and sidewalk impacts. Temporary Outdoor displays are allowed for a period less than 60 days per calendar year, and Permanent displays are allowed for longer than 60 days. Temporary Outdoor displays are often used for trees sales near the holidays, and Permanent Displays are commonly used as an extension of the primary structure on site. Examples of this are the outdoor (but enclosed) sales areas at Menards, Home Depot, and Wal-Mart. (The vegetable stand at Eden Prairie Center operates under authority as a temporary outdoor display, with the farm produce time exception.) Because these displays are often in the parking lot and for substantial time, there are limits to the amount of required parking that can be obstructed, among other restrictions. Over the years, staff has received several inquiries for special sales events. Staff has determined that these events, with certain safeguards, would support the business community and provide additional retail events for customers by encouraging vibrancy and activity to commercial spaces. CODE AMENDMENT Staff proposes revisions to Section 11.03 by adding regulations for a ‘new’ activity: Outdoor Sales Event. The proposal allows any retailer in a non-residential zoning district, on property where they sell products, to host a sales event for up to four days, with up to 4 events per year. Staff envisions these to be tent events, or ‘sidewalk’ type sales. The proposed regulations limit items sold outdoors to those items sold in the store. The sales event could only occur on the property owned or managed by the sales host. The size limitation and items sold provide flexibility for the business community with minimal regulation. The main difference between Outdoor Display Areas, and Outdoor Sales Events is the proposed ordinance does not require screening for sales and provides more flexibility related to siting for outdoor sales events. SIGNS Staff also proposes a minor change to the sign code to include signage for temporary sales events consistent with current policy and practice. Staff Report – Temporary Sales Events August 22, 2022 Page 2 2 AREA COMMUNITY COMPARISON As with any regulations impacting a competitive commercial marketplace, staff consulted neighboring communities for their regulations for special events and shopping centers. While area cities seemed more permissive in the general commercial areas, they were more restrictive in their mall zoning districts. With respect to malls and outdoor sales, there was no consistent solution among the cities of Minnetonka, Bloomington, Edina, and Richfield. Some cities are very restrictive, while other cities do allow outdoor events with specific parameters similar to those proposed. We did not find evidence that any city allowed transient sales widely. The drafted proposal is generally in line with the opportunities available to other communities without being overly restrictive or permissive. STAFF RECOMMENDATION Staff recommends approval of the code amendment to City Code to allow a new sales activity - Outdoor Sales Events, with ancillary signage as presented. Line numbers in the draft ordinance are provided to guide discussion. Draft Ordinance 1 New Language to be inserted into section 11.03 J. Outside Storage, and Displays, and Sales. 2 5. Temporary Outdoor Sales Events. Temporary outdoor sales events are permitted in any 3 zoning district that permits retail use and only upon compliance with the following: 4 (a) Permit Required. No temporary outdoor sales event may be held without first 5 obtaining a permit from the City. Any person who operates a retail business in 6 the principal building on a parcel or the owner of the parcel on which a retail 7 business is located may apply for a temporary outdoor sales permit for the 8 parcel. The applicant must complete an application form prov ided by the City 9 and submit with the application a complete description of the temporary 10 outdoor sales event and a sketch showing the size and location of the event on 11 the parcel and any other information deemed necessary by the City to consider 12 the application. If the applicant is not the owner of the parcel on which the event 13 will be held, the applicant must provide evidence satisfactory to the City of the 14 owner’s consent for the temporary outdoor sales event. The applicant must also 15 submit at the time of the application the then-current permit fee set by Council 16 ordinance or resolution. The City Manager or their designee will approve or deny 17 the permit no more than thirty (30) days from the receipt of the complete 18 application and payment of the applicable fee. Permits are subject to all 19 requirements of this subsection J.5. Any event held within a tent must obtain a 20 tent permit. 21 (b) Location. The temporary outdoor sales event may only be held in the location 22 specified in the approved permit. Any impact to drive aisles is subject to approval 23 by the Fire Chief. The temporary outdoor sales event may not obstruct 24 pedestrian pathways of at least 5 feet. 25 (c) Products Sold. Only products regularly sold within the principal building may be 26 sold at the temporary outdoor sales event. 27 (d) Size. The temporary outdoor sales event may not encompass an area greater 28 than four percent (4%) of the base area of an enclosed building located on the 29 parcel on which the outdoor sales area is situated. In Industrial Districts and for 30 parcels that include multi-tenant buildings, the outdoor sales area may not 31 exceed four percent (4%) of the gross retail space of the industrial user or tenant 32 for which the permit was issued. 33 (d) Duration. No temporary outdoor sales event may last longer than four (4) days, 34 including set-up and take-down. 35 (e) Frequency. No parcel may be issued more than four (4) temporary outdoor sales 36 event permits per calendar year. 37 2 38 New Language to be inserted into section 11.70. Subd 4 - Signs 39 Where temporary outdoor sales events are permitted by Section 11.03, one (1) temporary on-40 premises sign not to exceed thirty -two (32) square feet in area and six (6) feet in height 41 may be located on the same parcel as the temporary outdoor sales event area for the 42 duration of the event. The sign may not appear before the set-up of the temporary 43 outdoor sale event and must be removed concurrently with the take down of the 44 temporary outdoor sales event. 45 1 PROJECT PROFILE – August 22, 2022 PLANNING COMMISSION – AUGUST 22, 2022 1. CODE AMENDMENT FOR TEMPORARY OUTDOOR SALES (2022-09) by City of Eden Prairie (Jeremy) Amend City Code Chapter 11 by adding rules and regulations for temporary outdoor sales events Contact: Jeremy Barnhart, 952-949-8529, jbarnhart@edenprairie.org Request for: • Amend City Code Chapter 11 related to Temporary Outdoor sales Application Info Planning Commission City Council Initial Date Submitted 07/15/22 Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 08/03/22 Resident Notice Date N/A Meeting Date 08/22/22 Notice to Paper Date 00/00/22 Resident Notice Date N/A 1st Meeting Date 00/00/22 2nd Meeting Date 00/00/22 2. CODE AMENDMENT FOR SIGNS by City of Eden Prairie (Sarah) Amend City Code Chapter 11 relating to signage for the Office, all Town Center, all TOD, and RM-2.5 zoning districts Contact: Sarah Strain, 952-949-8413, sstrain@edenprairie.org Request for: • Amend City Code Chapter 11 relating to signage for the Office, all Town Center, all TOD, and RM-2.5 zoning districts Application Info Planning Commission City Council Initial Date Submitted 03/31/22 Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 8/03/22 Resident Notice Date N/A Meeting Date 8/22/22 Notice to Paper Date Resident Notice Date N/A 1st Meeting Date 2nd Meeting Date CITY COUNCIL PUBLIC HEARING – SEPTEMBER 6, 2022 1. OLYMPIC HILLS 8TH ADDITION (2022-07) by Anderson Engineering, LLC (Sarah) • Withdrawn by applicant 2. CODE AMENDMENT FOR BUILDING MATERIALS by City of Eden Prairie (Ben) Amend City Code Chapter 11 relating to exterior building materials Contact: Ben Schneider, 952-949-8491 Request for: • Amend City Code Chapter 11 relating to exterior building materials 2 Application Info Planning Commission City Council Initial Date Submitted 03/31/22 Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 7/21/22 Resident Notice Date N/A Meeting Date 8/8/22 Notice to Paper Date 08/17/22 Resident Notice Date N/A 1st Meeting Date 09/06/22 2nd Meeting Date 3. CODE AMENDMENT FOR SIGNS by City of Eden Prairie (Sarah) Amend City Code Chapter 11 reinstating incidental signage regulations. Contact: Sarah Strain, 952-949-8413 Request for: • Amend City Code Chapter 11 relating to incidental signs and other corrective language Application Info Planning Commission City Council Initial Date Submitted 06/20/22 Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 7/21/22 Resident Notice Date N/A Meeting Date 8/8/22 Notice to Paper Date 08/17/22 Resident Notice Date N/A 1st Meeting Date 09/06/22 2nd Meeting Date 4. CODE AMENDMENT FOR STORMWATER MANAGEMENT by City of Eden Prairie (Patrick) Amend City Code Chapter 11, Section 11.55 relating to stormwater management. Contact: Patrick Sejkora, 952-949-8360 Request for: • Amend City Code Chapter 11, Section 11.55 relating to stormwater management Application Info Planning Commission City Council Initial Date Submitted 03/17/22 Date Complete N/A 120 Day Deadline N/A Initial DRC review 7-21-22 Notice to Paper Date 7/21/22 Resident Notice Date N/A Meeting Date 8/8/22 Notice to Paper Date 08/17/22 Resident Notice Date N/A 1st Meeting Date 09/06/22 2nd Meeting Date CITY COUNCIL CONSENT – SEPTEMBER 6, 2022 1. BURGER KING (2021-07) by Cave Enterprises Operations, LLC (Sarah) Proposal to construct a new Burger King quick serve restaurant with double drive thru order lanes Location: 16345 Terrey Pine Drive Contact: John Kayser, 312-829-4000 Request for: • Planned Unit Development Concept Review on 1.34 acres • Planned Unit Development District Review with waivers on 1.34 acres • Site Plan Review on 1.34 acres Application Info Planning Commission City Council 3 Initial Date Submitted 04/20/21 Date Complete 05/27/21 120 Day Deadline 11/30/22 Initial DRC review 04/22/21 Notice to Paper Date 06/09/21 Resident Notice Date 06/10/21 Meeting Date 06/28/21 Notice to Paper Date 07/28/21 Resident Notice Date 07/29/21 1st Meeting Date 08/17/21 2nd Meeting Date 09/06/22 IN BUT NOT SCHEDULED 1. EDEN PRAIRIE MULTI-FAMILY (2022-05) by Ryan Companies (Beth) Proposal for a 211-unit multi-family building Location: 11-116-22-32-0004 Contact: MaKinnah Collins, 612-492-4184, makinnah.collins@ryancompanies.com Request for: • Guide Plan Change from Office to Medium High Density Residential on 7.01 acres • Planned Unit Development Concept Review on 7.01 acres • Planned Unit Development District Review with waivers on 7.01 acres • Zoning Change from Rural to RM-2.5 on 7.01 acres • Site Plan Review on 7.01 acres • Preliminary Plat on 7.01 acres Application Info Planning Commission City Council Initial Date Submitted 03/31/22 Date Complete 05/25/22 120 Day Deadline 09/21/22 Initial DRC review 03/31/22 Notice to Paper Date 06/07/22 Resident Notice Date 06/08/22 Meeting Date 06/27/22 Notice to Paper Date 07/28/22 Resident Notice Date 07/29/22 1st Meeting Date 08/16/22 2nd Meeting Date 2. MENARDS PUD AMENDMENT (2021-09) by Menard, Inc. (Sarah) Proposal for a yard gate expansion and addition of an entrance lane Location: 12600 Plaza Drive Contact: Tyler Edwards, 715-876-2143 Request for: • Planned Unit Development Concept Review on 15.72 acres • Planned Unit Development District Review with waivers on 15.72 acres • Site Plan Review on 15.72 acres Application Info Planning Commission City Council Initial Date Submitted 06/01/21 Date Complete 120 Day Deadline Initial DRC review 06/03/21 Notice to Paper Date Resident Notice Date Meeting Date Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 3. PIONEER PRESERVE (2020-09) by Metro Development LLC (Sarah) Proposal to build 8 townhome units Location: Southwest corner of Pioneer Trail and Hennepin Town Road Contact: Melanie Emery, 651-248-8457 Request for: 4 • Planned Unit Development Concept Review on 3.66 acres • Planned Unit Development District Review with waivers on 3.66 acres • Zoning District Change from Rural to RM on 3.66 acres • Site Plan Review on 3.66 acres • Preliminary Plat of 9 lots on 3.66 acres Application Info Planning Commission City Council Initial Date Submitted 09/18/20 Date Complete 120 Day Deadline Initial DRC review 09/24/20 Notice to Paper Date Resident Notice Date Meeting Date Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 4. BLOSSOM PLACE SUBDIVISION (2022-010) Preliminary Plat Location: 10821 Blossom Rd., Eden Prairie MN 55347 Contact: Harold Worell 612-501-8813 Request for: • Preliminary Plat Application Info Planning Commission City Council Initial Date Submitted 8/12/22 Date Complete 120 Day Deadline Initial DRC review Notice to Paper Date Resident Notice Date Meeting Date Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date VARIANCES None ADMINISTRATIVE REVIEW 1. STARKEY PARKING LOT IMPROVEMENT Location: 6700 Washington Ave. South Contact: Jack Kaeding (to be updated) Initial Date Submitted 8/12/22 Date Complete 120 Day Deadline Initial DRC review Notice to Paper Date Resident Notice Date Meeting Date Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 5 TELECOMMUNICATION 1. TELECOMMUNICATIONS (2022-03TM) by SSC on behalf of DISH Wireless (Sarah) Contact: Steve Fester, 612-462-2202, sfester@ssc.us.com Location: 8950 Eden Prairie Road Request for: • Adding antennas to an existing telecommunications tower – Subject to 60-day deadline (COMPLETE) • Enter into a License Agreement with the City of Eden Prairie Application Info Planning Commission City Council Initial Date Submitted 02/17/22 Date Complete 02/24/22 60 Day Deadline 04/25/22 Initial DRC review 02/24/22 Notice to Paper Date N/A Resident Notice Date N/A Meeting Date N/A Notice to Paper Date N/A Resident Notice Date N/A 1st Meeting Date N/A 2nd Meeting Date N/A 2. TELECOMMUNICATIONS (2022-12TM) by Black & Veatch Corporation on behalf of AT & T (Sarah) Contact: Kara Hansen, 913-458-2168, hansenk@bv.com Location: 9100 Riley Lake Rd Request for: • Adding antennas to an existing telecommunications tower Application Info Planning Commission City Council Initial Date Submitted 05/10/22 Date Complete 00/00/22 60 Day Deadline 00/00/22 Initial DRC review 05/19/22 Notice to Paper Date N/A Resident Notice Date N/A Meeting Date N/A Notice to Paper Date N/A Resident Notice Date N/A 1st Meeting Date N/A 2nd Meeting Date N/A Page 1 of 5 Draft Sign Code Language 1 August 22, 2022 2 3 The proposed language below is intended to illustrate the content of the proposed sign code amendment. The 4 actual ordinance formatting will be finalized before the public hearing at City Council. 5 6 Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: 7 Awning Sign means a sign that is integrated into a roof like structure projecting over a window, doorway, deck, 8 patio, or storefront 9 Sandwich Board Sign means a self-supporting, A-shaped, freestanding temporary signs with two visible sides that is 10 situated adjacent to a business, typically on a sidewalk. 11 12 Subd. 4. General Provisions Applicable to All Districts 13 14 T. One (1) sandwich board sign is permitted per lot or parcel of record, or if the lot or parcel contains multiple 15 tenants, one (1) sandwich board sign per tenant is permitted except for parcels in the R, R1, and RM zoning 16 districts. A sandwich board sign may not be located within any required setbacks, vehicular travel lanes, or within a 17 parking stall and mut not obstruct any required pedestrian pathways. Sandwich board signs may only be displayed 18 during the operating hours of the user or tenant displaying the sign. 19 20 U. Signs that identify the address of a building are required by the State Building Code and State Fire Code and are 21 permitted in all districts. Any address-identification sign less than six (6) square feet will not count toward a 22 building’s maximum square foot allowance for wall signs. 23 24 Subd. 5. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted 25 in each specific district subject to the following conditions and restrictions. 26 A. Residential Districts: R, R-1, RM, TOD-R, and TC-R; and TOD-MU and TC-MU if the project includes residential 27 uses. 28 1. Wall Signs. For the R, R-1 and RM-6.5 zoning districts, Oone (1) wall sign per building not greater than 29 six (6) square feet in area. For the RM-2.5 zoning district, the total wall signage permitted is twenty-five 30 (25) square feet per street frontage. 31 2. Free-Standing Signs and Yard Signs. 32 a. One (1) free-standing sign per development, per street entrance not greater than thirty -two (32) 33 square feet in area and not greater than six (6) feet in height. 34 b. Each lot or parcel of record may have one or more yard signs, provided that (i) the total area of 35 all yard signs on the lot or parcel of record may not exceed six (6) square feet, and (ii) no single 36 sign may exceed six (6) square feet in area and three (3) feet in height. 37 c. Sign Setback. Signs must not be placed closer than ten (10) feet from any public right -of-way line. 38 d. Sign Base. The sign base of a free-standing sign may not exceed one-half (½) the maximum 39 permitted sign area. 40 e. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area 41 of a single-faced sign. 42 f. Free-standing signs that are double-faced signs must be placed back to back with not more than 43 thirty (30) inches between facings. 44 Page 2 of 5 3. Temporary signs are permitted only as provided in Subdivision 4. 45 4. Incidental signs are permitted in the RM districts as provided in Subdivision 4. Incidental signs are not 46 permitted in the R or R-1 districts. 47 48 B. Commercial Districts: N-Com, C-Com, C-Hwy, C-Reg-Ser, C-Reg, and TC-C; and TOD-R, TOD-MU and TC-MU if 49 the project contains commercial uses. 50 51 C. Office District; and TOD-MU, TOD-E, TC-MU, and TOD-C if the project includes office uses. 52 1. Free-standing Signs. 53 a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to 54 exceed eightyfifty (850) square feet. 55 b. Where a lot or parcel of record has two (2) or more frontages, one (1) free-standing sign not to 56 exceed eightyfifty (850) square foot sign is permitted on one frontage, and the additional 57 frontages are each permitted a free-standing sign not to exceed thirty-six (36) square feet. Each 58 allowed sign must be located on the street frontage generating the allowance. 59 c. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line. 60 d. Height. Free-standing signs may not exceed eight (8) feet in height. 61 e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. 62 f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area 63 of a single-faced sign. 64 g. Free-standing signs that are double-faced signs must be placed back to back with not more than 65 thirty (30) inches between facings. 66 2. Wall Signs. 67 a. The total area of wall signage on any wall may not exceed fifty (50) square feet when the surface 68 area of the wall does not exceed 2,500 square feet. When the surface area exceeds 2,500 square 69 feet, the total area of wall signage may not exceed two percent (2%) of the wall, not to exceed a 70 maximum sign area of one hundred fifty (150) square feet. 71 b. For multitenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the 72 building at the ground floor not to exceed thirty (30) square feet is permitted in addition to the 73 signage allowed in item 2.a above. 74 c. Square foot allowances for wall signs may be divided between multiple signs so long as the total 75 square footage per façade does not exceed the maximum allowed in item 2. 76 a. One (1) wall sign per street frontage not to exceed fifty (50) square feet is permitted. 77 b. One (1) wall sign per leasable space attached to the exterior wall of the building at the ground 78 floor not to exceed thirty (30) square feet is permitted. 79 3. Temporary signs are only permitted as provided in Subdivision 4. 80 4. Incidental signs are permitted as provided in Subdivision 4. 81 82 D. Industrial District: I-2, I-5, and I-GEN; and TOD-E if the project includes industrial uses. 83 84 I. Town Center and TOD Districts: TOD-E, TOD-MU, TOD-R, TC-C, TC-R, and TC-MU 85 Page 3 of 5 1. Free-standing Signs. 86 a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to 87 exceed eighty (80) square feet. 88 b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free -standing sign 89 not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages 90 are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign 91 must be located on the street frontage generating the allowance. No free-standing sign may be 92 closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of 93 record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are 94 exempt from this distance requirement. 95 c. For the TOD-R and TC-R districts, one (1) sign not to exceed thirty-two (32) square feet per street 96 entrance is permitted. 97 d. Setback. Signs need not be setback from the property line, so long as there is no conflict with 98 public utilities or traffic sight lines as determined by the City Engineer. 99 e. Height. Maximum height may not exceed twenty (20) feet when located along arterial roadways. 100 The location of the sign must be on the side of parcel abutting the arterial roadway. When 101 located along collector, local, or private roadways , maximum height may not exceed eight (8) 102 feet. 103 f. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. 104 g. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area 105 of a single-faced sign. 106 h. Free-standing signs that are double-faced signs must be placed back to back with not more than 107 thirty (30) inches between facings. 108 2. Wall Signs. 109 a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen 110 percent (15%) of the wall area when the wall area does not exceed five hundred (500) square 111 feet. When the wall area exceeds five hundred (500) square feet, a wall sign may not exceed 112 seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred 113 (500) square feet. In no event may the maximum sign area for any wall sign exceed three 114 hundred (300) square feet. 115 b. Wall area will be computed individually for each tenant in a multi-tenant building based on the 116 exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its 117 wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall a rea of that wall 118 when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds 119 five hundred (500) square feet, the wall sign may not exceed seventy -five (75) square feet plus 120 five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the 121 maximum sign area for any individual tenant wall sign in a multi-tenant building exceed three 122 hundred (300) square feet. 123 c. In the TOD-R and TC-R districts and for residential portions of mixed use buildings, twenty-five 124 (25) square feet of wall signage located at the ground floor of the building is permitted per street 125 frontage. 126 In addition to the signage allowed at the ground floor, residential portions of buildings, either 127 single or mixed use, are allowed one (1) wall sign above the ground floor. Signs located above the 128 ground floor are allowed ten (10) square feet of sign area per story of the building, up to fifty 129 (50) square feet. The size of the sign must correlate to the sign’s location on the building, not the 130 overall height of the building, as outlined in the following table. The ground floor sign allowance 131 Page 4 of 5 may not be added to upper story sign allowance to create one or more signs larger than 50 132 square feet. 133 134 Sign Location on Building Exterior Upper Story Maximum Sign Area 2nd story 25 sq ft 3rd story 30 sq ft 4th story 40 sq ft 5th story or higher 50 sq ft 135 d. Wall signs for a multi-tenant building must be located on the building in a uniform manner or 136 within an architectural sign band area. 137 3. Projecting signs are permitted in all TOD and TC zoning districts. Projecting signs will be counted as 138 part of the total allowable wall signage, but the area of the projecting sign will not be counted as part 139 of the total wall area. A projecting sign may not exceed ten (10) square feet. The distance between 140 sign faces must be no more than twenty (20) degrees or twelve (12) inches. Projecting signs are limited 141 to a projection distance of not more than four (4) feet from the building façade onto which it is 142 attached. A projecting sign may not project into the public right-of-way nearer than two and one-half 143 (2.5) feet to the street curb or curb line. Signs may not project onto private property without an 144 encroachment agreement that has been approved by the City and recorded with the County. 145 4. Awning signs are permitted in all TOD and TC zoning districts. An awning sign is permitted only as an 146 integral part of the awning to which it is attached or applied and must be parallel to the building. 147 Awning signs will be counted as part of the total allowable wall signage for the building, but the 148 awning area will not be counted as part of the total wall area. Signs on awnings are permitted on both 149 the awning flap (valance) and awning face (shed). Awning signs extending over a public sidewalk are 150 limited to a projection distance of not more than four (4) feet from the building façade onto which it is 151 attached. An awning may not project into the public right-of-way nearer than two and one-half (2.5) 152 feet to the street curb or curb line. Awning signs may not extend onto private property without an 153 encroachment agreement that has been approved by the City and recorded with the County. 154 5. Temporary signs are permitted only as provided in Subdivision 4. 155 6. Parking Structures. Parking structures are allowed twenty (20) square feet of wall signage per entrance 156 to the structure. Signs must be located near the entrance to the parking structure. 157 7. Incidental signs are permitted as provided in Subdivision 4. 158 159 Subd. 7. Administration and Enforcement. 160 A. Permits. Except as provided in subparagraph B below, the owner or occupant of the premises on which a sign 161 is to be displayed, or the owner or installer of such sign, must file an application with the City for permission 162 to display the sign. Permits are required for all existing, new, relocated, modified, or redesigned signs. The 163 applicant must complete the application form provided by the City and submit with the application a 164 complete description of the sign and a sketch showing its size, location, manner of construction, and such 165 other information as is necessary to inform the City of the proposed kind, size, material, construction, and 166 location of the sign. The applicant must also submit at the time of application the then -current application 167 fee set by Council ordinance or resolution. The City Manager or their designee will approve o r deny the sign 168 permit no more than thirty (30) days from the receipt of the complete application and the applicable fee. If a 169 Page 5 of 5 sign authorized by permit has not been installed within three (3) months after the date of issuance of the 170 permit, the City Manager may, at their sole discretion, revoke the permit. 171 B. Exemptions. The exemptions permitted by this subparagraph apply only to the requirement of a permit, and 172 may not be construed as excusing the installer of the sign, or the owner of the property upon which the sign 173 is located, from conforming with the other provisions of this section. No permit is required under this 174 subdivision for the following signs: 175 1. A window sign placed within a building and not exceeding ten percent (10%) of the window area. 176 2. Signs erected by a governmental unit or public school district. 177 3. Temporary signs. 178 4. Signs or tablets when cut or built into the walls of a building and constructed of bronze, stone, or 179 marble. 180 5. Incidental signs. 181 6. Flags. 182 7. Yard signs. 183 8. Sandwich board signs. 184 SALES EVENT CODE AMENDMENT OVERVIEW Planning Commission August 22, 2022 2 TEMPORARY OUTDOOR SALES 2 Want to provide businesses an opportunity to capitalize on true special events, while protecting against pollution caused by transient businesses and perpetual special events In drafting this ordinance, consulted with neighboring communities, wanted to be generally in line with their regulations but not excessively strict. Transient sales not a widespread use in these cities. 3 TEMPORARY OUTDOOR SALES 3 New ‘event’ opportunity for retail businesses Temporary Outdoor Sales: Retailers Sell what is sold on site by the owner/ operator Each event up to 4 days long, 4 events per year per business Propose no limitation on parking 4% of the base area of the business Different from Outdoor display areas 4 TEMPORARY OUTDOOR SALES 4 Outdoor sales as proposed is different from outdoor display: 2% of the base area of business .05% required parking impact Much longer term (+-60 days) Used for farm produce, holiday tree sales, mulch display and sales. 5 TEMPORARY OUTDOOR SALES 5 QUESTIONS? THANK YOU! SIGN CODE AMENDMENT OVERVIEW Planning Commission August 22, 2022 2Add a Footer 2 RM-2.5 ZONING DISTRICT Increasing signage allowed for muti- family residential from 6 sq ft to 25 sq ft. 3Add a Footer 3 OFFICE ZONING DISTRICT Office changes: •Increase freestanding signs to 80 (from 50 sq ft) •Increase wall signage on large walls (2,500 sq ft +) to 2% of wall area, up to 150 sq ft Wall signage for multi tenant buildings stays the same. 4Add a Footer 4 TOWN CENTER AND T O D ZONING DISTRICTS •Add regulations for Freestanding signs, non residential uses 80/36: •Residential free standing, 32 sq ft •Add regulations for wall signs 15% of the wall area, or for larger walls (500 sqft+) 75 sq ft + 5% •Residential wall, 25 sq ft •Add a height adjusted sign, 10 ft / floor •Adding awning signs •Adding A-Frame/ Sandwich Board signs •Add projecting signs QUESTIONS? THANK YOU! ANNOTATED AGENDA TO: Planning Commission Members FROM: Jeremy Barnhart, City Planner RE: Planning Commission Meeting for Monday, August 22, 2022 _______________________________________________________________________________ MONDAY, August 22, 2022 7:00 PM, COUNCIL CHAMBERS I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE- ROLL CALL III. APPROVAL OF AGENDA A. MOTION: Move to approve the agenda. IV. APPROVAL OF MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY, AUGUST 8, 2022 MOTION: Move to approve the Planning Commission minutes date August 8, 2022. V. PUBLIC HEARINGS A. CODE AMENDMENT FOR SIGNS Request for: • Amend City Code Chapter 11 related to signs in the Office, all Town Center, all TOD, and RM-2.5 zoning districts The proposed code amendments will establish sign regulations for the Town Center and Transit Oriented Development (TOD) zoning districts as well as expand sign allowances in the Office and RM-2.5 zoning districts. The amendments also include some housekeeping items to clarify existing language with to provide consistency in application and enforcement of the code. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval for Code Amendment relating to the Sign Code based on recommendations from the Staff Report dated August 22, 2022 and attached draft sign code language. B. CODE AMENDMENT FOR TEMPORARY OUTDOOR SALES Request for: • Amend City Code to allow temporary sales events for retailers MOTION 1: Move to close the public hearing. ANNOTATED AGENDA August 22, 2022 Page 2 MOTION 2: Move to recommend approval for Code Amendment relating to the Outdoor Sales Events based on recommendations from the Staff Report dated August 22, 2022 and attached draft sign code language. VI. PLANNERS’ REPORT VII. MEMBERS’ REPORT VIII. ADJOURNMENT MOTION: Move to adjourn the Planning Commission meeting. SIGN CODE AMENDMENT OVERVIEW Planning Commission August 22, 2022 2Add a Footer 2 RM-2.5 ZONING DISTRICT Increasing signage allowed for muti- family residential from 6 sq ft to 25 sq ft. 3Add a Footer 3 OFFICE ZONING DISTRICT Office changes: •Increase freestanding signs to 80 (from 50 sq ft) •Increase wall signage on large walls (2,500 sq ft +) to 2% of wall area, up to 150 sq ft Wall signage for multi tenant buildings stays the same. 4Add a Footer 4 TOWN CENTER AND T O D ZONING DISTRICTS •Add regulations for Freestanding signs, non residential uses 80/36: •Residential free standing, 32 sq ft •Add regulations for wall signs 15% of the wall area, or for larger walls (500 sqft+) 75 sq ft + 5% •Residential wall, 25 sq ft •Add a height adjusted sign, 10 ft / floor •Adding awning signs •Adding A-Frame/ Sandwich Board signs •Add projecting signs QUESTIONS? THANK YOU!