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HomeMy WebLinkAboutPZ Packet; 05-28-08 LAKE City of Lake Elmo EL M O 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 (651) 777-5510 Fax: (651) 777-9615 Www.LakeElmo.Or NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on WEDNESDAY, May 28, 2008, at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. March 24, 2008 (with corrections) b. May 12, 2008 4. Public Hearings a. Zoning Text Amendments: L General Administrative Sign Regulations ii. Agricultural Businesses iii. Sign Ordinance Provisions—Temporary Signs 5. Old Business b. New Business 7. City Council Updates a. May 20—Acceptance of Hidden Meadows (Rockpoint Church) Phase 1 Improvements 8. Adjourn DRAFT;3-24-08 City of Lake Elmo Planning Commission Meeting Minutes of March 24,2008 Chairman Ptacek called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Hall,Fliflet,Helwig,McGinnis,Pelletier,Ptacek,and Van Zandt. STAFF PRESENT: Planning Director Klatt and Senior Planner Gozola, Agenda A motion was made a seconded to approve the agenda with the addition ofan yenda item under new business to appoint a secretary. Motion carried. Vote: 7:0. Minutes—March 28, 2008 There was a motion and a second to approve the minutes of the March 28,2008 meeting. The motion carried with a vote of 5:0 with 2 abstentions. Public Hearing:7934 Hill Trail North Septic System Variance Klatt presented a summary of the Staff report and related information concerning a request by Phil and Michelle Eason for a variance to allow the replacement of an existing septic system and drain field with a new one that does not meet the minimum setback requirements to a principal structure and property lines. He recommended approval of the request with conditions. Ptacek questioned why the septic system could not be moved to an alternative portion of the site. Phil Eason responded that there is a driveway located on the only portion of the site that would meet all setback requirements and that even if it could be moved,the soil in this area would be very compacted. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:19 Y.M. No public comments were presented to the Commission. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:20 P.M. M/S/P,Fliflet/Hall move to recommend approval of the variance with the conditions presented by Staff and with all as outlined in the review letter from the City Engineer. Vote:7:0. Sign Code Update Gozola presented information concerning proposed amendments to the sign regulations in the Zoning Ordinance. He noted that at this time,a draft ordinance had been assembled for discussion purposes and that this would be a first step towards a complete overhaul of the Lake Elmo Sign Ordinance. He reminded Commissioners of the sign issues brought forward by the Planning Department in the recent past. After reviewing these concerns with the City Council, Lake Elmo Planning Commission Minutes;3-24-08 1 DRAFT;3-24-08 the Council directed the Commission to consider certain portions of the code as a priority, including the sections related to off-premise signs for seasonal sales,off-premise signs related to real estate developments,and seasonal sales in rural residential areas. Gozola explained that the ordinance was drafted with a larger rewrite in mind. The City Attorney had also provided an opinion on specific issues associated with sign regulations. Fliflet asked if the current ordinance defined floriculture. Gozola responded that this use does show up in other parts of the code and would not be changed as part of the draft ordinance. The Commission generally discussed the time limits for signs,and suggested that a longer time period was needed for agricultural uses. Pelletier questioned who decides the classification of roadways in Lake Elmo. She suggested that too much signage can distract drivers and is a safety concern for transportation engineers. She asked if the needs of the school and city would be taken into account with the proposed ordinance. Gozola indicated that the current ordinance does not allow signs within any right-of- way and that the Commission could allow signs only along certain corridors. Fliflet did not agree with limiting seasonal sales to one sign,and expressed her preference for regulating development signs based on the size of the development. She suggested allowing more signage on large agricultural operations based on the size of the farm. Hall asked for clarification concerning the viewer reaction times included in the Staff presentation. Gozola replied that these times are calculated by determining how much time it would take drivers to comprehend a certain size message based on a set travel speed. lelwig commented that he did not see why a developer would need to leave A site for signage Deleted:HsU and recommended leaving�he code as hresi.ntly written, f pd@Wd;hs J n signs on then aide Fliflet questioned bow a development sign would be processed under the proposed ordinance Deleted::the sfte " Goz. lrt replied that this tWe of signage would fall under the crate<,ory of . nitanent signs in the Ordinance. Ptacek requested an legal opinion concern the content neutral aspects of the sign code. The Commission debated the merits and drawbacks to allowing off-site advertising for development projects,noting that the benefits include helping get projects built in a timely manner by increasing their visibility and that it would allow all temporary signs to be regulated in a consistent manner. The drawbacks identified included the following:other forms of advertising are available to developers that are just as effective and all business would want equal treatment. The Commission was generally split on this aspect of the proposed ordinance and noted that consistency throughout the code was an important consideration. Lake Elmo Planning Commission Minutes;3-24-08 2 DRAFT;3-24-08 Ptacek recommended that all on-site temporary signs be allowed on a scale based on the size of the parcel. Gozola suggested including language for spacing based on comments from other Commissioners. The Commission generally expressed agreement with the provisions allowing one off-site and one on-site sign for seasonal sales and also agreed that seasonal sales should be permitted in rural residential districts. Chairman Ptacek stated that he had received requests for public comments and asked that those citizens address the Commission at this time. Joan Ziertman,5761 Keats Avenue North,discussed the definitions for wayside stand and seasonal sales lot and that she would like to see both uses allowed in the rural residential district. She also requested that each seasonal business be allowed a total of three signs,whether on-site or off-site regardless of size and further explained that these types of signs are not up for a long period of time and that most farms have been using them for while. Ziertman suggested that signs be permitted based on products and growing seasons,noting that some seasonal businesses have three or more growing seasons to manage. Needing permission from property owners should also help limit the number of signs that will be installed. Gary Johnson of Bittersweet Farms addressed the Commission and stated that if cute,rural wayside stands are desired in the community,than the City needs to allow signage for these businesses. He explained that the most effective signs for agricultural businesses are along the roadside,and that it is necessary to direct customers to sales sites. He supported regulating the size of signs but not the number allowed. Johnson noted that new businesses in particular need a i lot of signage to attract attention to their site. I Gozola indicated that the next steps will be to update the City Council regarding the proposed ordinance revisions and then to come back to the Planning Commission with the formal ordinance changes. Appointment of Secretary Ptacek asked for nominations for secretary since the current position was vacant. M/S/P.Pelletier/McGinnis,move to nominate Julie HiFlet for Planning Commission Secretary. Vote:6:0. Informational Items Klan explained that the Conditional Use Permit request by the Oakdale Gun Club had been withdrawn and that the City Council had reviewed and approved the Park Plan, Adornment Lake Elmo Planning Commission Minutes;3-24-08 3 DRAFT;3-24-08 The meeting was adjourned by Chairman Ptacek. Respectfully submitted, Kyle Klatt Planning Director Lake Elmo Planning Commission Minutes;3-24-08 4 DRAFT; 5-12-08 City of Lake Elmo Planning Commission Meeting Minutes of May 12, 2008 Chairman Ptacek called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Anderson, Deziel, Fliflet, Hall,Helwig, McGinnis, Ptacek, Roth, and Van Zandt. STAFF PRESENT: Planning Director Klatt. Agenda There was a motion and a second to approve the agenda as presented. Motion carried. Vote: 9:0. Minutes—March 24, 2008 Hall noted that he did not make a comment attributed to him on page two of the minutes. Klatt stated that he would review the meeting notes and make any appropriate corrections. Minutes—April 14, 2008 M/S/P, Hall/Anderson move to approve the minutes as presented. Vote 6:0 with three abstentions. Accessory Building Setbacks Planning Director Klatt reviewed the staff memorandum to the Planning Commission concerning recommended updates to the Accessory Building provisions in the Zoning Ordinance. The changes proposed included: general district setbacks,the calculation of building height, language concerning the parking of passenger automobiles, and the calculation for attached and detached accessory structures. Hall questioned why averaging of the roof line and building elevation line was used for determining building height. Klatt responded that hipped-type roofs were generally allowed to extend higher than flat roofs since the overall massing for this type of roof is much less the same elevation compared to a flat roof. Averaging is also used to help recognize that there is typically not usable space above the roof line of these structures. The Commission generally discussed how roof height is calculated. Klatt noted that the change proposed would not make a significant difference in the height of buildings that are built, but it would allow a consistent methodology be used for determining the maximum height of accessory buildings. Ptzacek commented that the City should not be concerned with what is going on inside of accessory buildings as long as the use is permitted in the underlying zoning district. Van Zandt responded that this statement was especially pertinent given the large numbers of recreation vehicles, boats, and other equipment found throughout Lake Elmo. Lake Elmo Planning Commission Minutes; 5-12-08 1 DRAFT; 5-12-08 There was a general discussion concerning existing limits on the size of accessory buildings, and the specific restriction on the size of buildings used for automobile parking. The Commission reached a consensus to strike the existing Ordinance language specific to the parking of passenger automobiles. After reviewing the maximum size requirements for detached and attached structures, Ptacek expressed concern about treating all properties the same. Deziel indicated that he did not view the current size limits in the R-1 zone in particular as being too restrictive. The general consensus of the Commission was to leave the existing language concerning attached garage sizes alone, and to specifically not limit the size of attached garages in most zones, and to also keep the requirements that limit detached garage sizes on smaller residential parcels. The reasons for this decision included the following: allowing storage inside buildings was preferable to exterior storage and members of the Commission indicated that larger attached buildings would be better than larger detached structures. Ptacek stated that there should be some credit given for the vertical stacking of garage spaces in order to minimize the overall impact on a site. The Commission recommended measuring the size of a detached accessory building by footprint instead of gross floor area, and further suggested that.no accessory building in residential districts be allowed to exceed the size of a principal structure. Klatt suggested that the accessory building standards either be incorporated into a master table or i clearly identified as part of each zoning district's standards. After further discussion concerning the measurement of accessory building sizes, Klatt noted that he could provide the Commission with additional examples regarding the size and placement of detached buildings on lots. Other direction provided by the Commission included the following: to make the RE District accessory building setbacks the same as principal buildings in this district, to keep the Open Space district setbacks the same as well, to research the zoning for community centers within Open Space developments,and to set a height limit in agricultural zones for residential accessory buildings. The Commission asked to have a draft Ordinance brought back for review in draft form. Informational Items Klatt stated that the City Council had authorized an application for a Community Growth Options Grant. He noted that this grant opportunity could help provide funding for the Village Area planning work. Klatt informed the Commission that the meeting schedule had been adjusted to one meeting per month on the second Tuesday of each month. The fourth Tuesday will be available for meetings if needed. Lake Elmo Planning Commission Minutes; 5-12-08 2 DRAFT; 5-12-08 Adornment The meeting was adjourned at 8:19 p.m. Respectfully submitted, Kyle Klatt Planning Director Lake Elmo Planning Commission Minutes; 5-12-08 3 Planning Commission Date: 5-28-08 Public Hearings Item: 4A ITEM: Consideration of three separate ordinances to address all sign related issues currently before the City REQUESTED BY: City Council SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Susan Hoyt, City Administrator Kyle Klatt, Planning Director Jerry Filla, City Attorney SUMMARY AND ACTION REQUESTED: At the 4-14-08 Planning Commission meeting, staff introduced a revised set of ordinances to address a number of immediate concerns regarding the existing sign code and seasonal sales businesses. The main issues Council wants immediately addressed include: 1) Amending the sign code to allow off-premises signs for seasonal sales businesses; 2) Amending the sign code to allow off-premises advertising signs for land developments; 3) Amending code to ensure seasonal sales are a permitted use in the RR district. Once all three issues have been successfully addressed, Council then authorizes staff to complete further work on revising the entire sign code. Timeline / Issues to Keep in Mind: To assist the commission in its review, the following is a summary of the major questions that were asked which resulted in the three ordinances now being considered. • What is the status of the current Lake Elmo sign code? The current Lake Elmo sign code follows a classic format for municipal sign regulation that can be found in many communities today. Different types of signs are identified (i.e. real estate signs, advertising signs, nameplate signs, etc) and various specific regulations are established for each type of permitted sign. Unfortunately, this ordinance structure has been declared unconstitutional by the courts in numerous instances when challenged by an applicant. Regulating signs based on content(i.e. having different requirements for real estate signs than you do for nameplate signs) is unacceptable under the first amendment as municipalities cannot favor one form of speech over another. In other words, what the sign says cannot not be relevant to whether the sign is allowed. Because it was believed that the current code is vulnerable to a First Amendment challenge, staff initially recommended addressing the city's three main concerns within the context of overall changes to the entire ordinance. • Can the existing ordinance be amended as desired without undergoing a complete overhaul? Minor amendments to address the City's off-premises advertising desires will not lessen the existing concerns about potential First Amendment challenges to code. However, that is not to say the City cannot proceed with the desired amendments now and return to address other issues at a later point in time. Rather, the City just needs to understand how to protect itself in as much as possible if it chooses to allow certain types of off-premises advertising within the current code framework. According to the City Attorney, he would not recommend that off-premises advertising signs be allowed unless all businesses were given the ability to have such signage. However, to address the City Council's immediate concerns, he believes a carefully crafted "purpose" statement could potentially be used as a vehicle to allow the desired off-premises advertising for agricultural sales businesses on the basis that such businesses are essential to the "preservation of rural character,"and that such business cannot thrive without advertising allowances. The attorney did not come to the same conclusion regarding off-premises advertising for developments. • Is using a purpose statement to allow certain types of signs legally defensible? According to the City Attorney, the City could be open for a legal challenge to the ordinance, but there was no case law to indicate this couldn't be done in an effort to protect a significant government interest(in this case protecting rural character). While"protecting rural character" can arguably be used to support the allowance of off-premises advertising for the City's agricultural businesses, it is harder to make such a connection for off-site real estate advertising signs. Given that the current best practices on signs would not recommend using a purpose statement to allow off-premises advertising signs for specific business types, it is important for the Planning Commission to continue its assessment of concerns that arise due to this approach including: o Is the commission comfortable that allowing off-site advertising for agricultural businesses is important to preserving the community's rural character? o Why are developments being allowed off-site advertising? What important public interest is being served, and/or how does such signage allow the city to protect its rural character? o If off-premises development signs can be supported as serving a vital public interest, how do we differentiate which rural developments can have signs? For example, can standard 10 and 40 acre subdivisions have signs? OP subdivisions? Cluster developments? Only developments creating a certain number of lots? o Can the city clearly find that the right to have off-site real estate development signs is not linked strictly to providing an economic benefit for developers or landowners? In assessing these questions, staff came to the conclusion that off-premises advertising for developments is difficult to support, so we are recommending that such provisions no longer be considered. Off-premises signs for agricultural sales businesses can be supported provided the City understands the associated risks. Why the three proposed ordinances instead of an entirely new sign code? In January, the City Council directed staff to address their immediate concerns before undertaking a complete overhaul of the City's sign ordinance. This approach required staff to utilize the City Attorney's recommended option of amending the sign purpose section to support the desired changes. Two working discussions have resulted in the proposed ordinances currently before the Commission. What are the current best practices for signs codes? The accepted best practices for sign ordinances is to focus regulation on content neutral factors such as number, location, size, illumination and other physical characteristics that need to be regulated to protect public health, safety, and welfare. The ordinance must clearly indicate that it is not the intent to regulate the message displayed on any sign, and should provide a clear methodology for reviewing and approving signs. Inclusion of a"substitution clause" is also recommended to reinforce that signs are not being regulated based on content. Essentially the substitution clause allows any noncommercial message to be substituted for any other message type on a sign allowed by the ordinance. Staff has done everything possible to ensure changes currently being proposed can be integrated into a complete sign code overhaul in the future using current best practices. For example, the ordinance focusing on sign administration includes the recommended "substitution clause" as well as a"severability clause." The severability clause would ensure that if a portion of the sign ordinance were declared unconstitutional, that the remainder of the ordinance would maintain its legal standing. The second ordinance proposes many clarifications to existing definitions and terms that are badly needed independent of the work currently being done on the sign ordinance. The only work that may not transfer to the future ordinance will be the changes proposed by the third ordinance which deals with off-premises advertising. Future work on the new sign code will determine how and if such signs can continue to be allowed. Current Status: Staff has considered comments from the public and the commission gathered as a result of the previous two working meetings, has prepared a revised set of three ordinances for consideration. The three ordinances separate the main issues being considered into the following categories: 1. An ordinance to amend general sign regulations; 2. An ordinance to amend agricultural sales uses; 3. An ordinance regulating off-site advertising signs The three proposed ordinances do not address all of the issues that would be examined with a complete sign code overhaul. For example, we did not analyze proper size restrictions for signs, impact on administrative and enforcement staff time, new lighting requirements or design standards for signs in general. However, the ordinances propose specific restrictions relating to the issues we are addressing. RECOMMENDATION: Planning Commission is asked to review the three attached executive summaries and ordinances, hold public hearings for each ordinance, and make recommendations for approval or denial for City Council consideration. ORDER OF BUSINESS: - Introduction........................................................................ Ben Gozola, Senior Planner - Report by staff................................................................... Ben Gozola, Senior Planner - Questions from the Commission ...................................Chair& Commission Members - Open the Public Hearing for ordinance#1 (4a)....................................Chair Facilitates - Close the Public Hearing........................................................................................Chair - Open the Public Hearing for ordinance#2 (4b)....................................Chair Facilitates - Close the Public Hearing........................................................................................Chair - Open the Public Hearing for ordinance#3 (4c)....................................Chair Facilitates Close the Public Hearing........................................................................................Chair Callfor motions.....................................................................................Chair Facilitates - Discussion by the Commission on the motions....................................Chair Facilitates Action by the Planning Commission..............................Chair& Commission Members ATTACHMENTS (9): 1. Updated legal opinion from Jerry Filla on off-premises advertising signs 2. Initial legal opinion from Jerry Filla on sign questions posed by staff 3. (4a): Executive Summary explaining the ordinance to amend general sign administration; 4. Ordinance# 1 An ordinance to amend general sign administration; 5. (4b): Executive Summary explaining the ordinance to amend agricultural sales uses; 6. Ordinance#2 An ordinance to amend agricultural sales uses; 7. (4c): Executive Summary explaining the draft ordinance to regulate off-site advertising signs; 8. Ordinance# 3 (option A)An ordinance to regulate off-site advertising signs (does not allow for off-premises real estate development signs) 9. Ordinance# 3 (option B)An ordinance to regulate off-site advertising signs (maintains the previously considered language to allow for off-premises real estate development signs) Warren E. iflaPetersonJerom P E�� �`( Suite 80 Daniel P.Fiiia !�i►��Jj V �,hT 55 East Flfth Street Glenn ,B Fram r-+� L I( ll V St.Paul,MN 55101.1718 Johnnn is Bergman r A ll 16511 291-$955 John Michael Miller r (691?728-175d facslmtJe Steven H.. Bruns'Michael www.plb-pa.corn Paul W.r=ahning' Sonia R.Ortiz Amy K,L.Schmidt Ben I.Rust Jonathan R,Cuskey lared m.Goerlitz (6 51)290-6907 'fill ai �otb-oa•com May 21, 2008 Susan Hoyt City Administrator City of Lake Elmo 3800 Laverne Ave. North Lake Elmo, MN 55042 Re: Lake Efmo Sign Regulations Our File No.: 11135.08-1 Susan: You have inquired regarding the ability of the City to regulate and possibly differentiate between off premises temporary seasonal sales signs and other types of off premises advertising signs. Advertising signs contains messages about products or services that are offered for sale at locations other than the premises on which the sign is located. Advertising signs are a form of commercial speech. Commercial speech is protected by the First Amendment from unwarranted governmental regulation. The U.S. Supreme Court has developed a four point test to determine if a governmental regulation of commercial speech is constitutional: 1. Does the speech concern a lawful activity and is it not misleading? 2. Is the regulation justified by a substantial government interest? 3. Does the regulation advance the government interest? 4. Is the regulation more extensive than necessary to serve the government interest? Clearly the City has the authority to regulate off premises advertising signs. The protection of public safety and the elimination of unnecessary visual clutter are recognized as substantial government interests. The main question becomes: Can the City define a substantial government interest in a way that allows it to permit temporary off premises seasonal sales signs, but prohibit other types of off premises advertising signs? •Also nn.w7rr•:i IN w1::cous:r. l Susan Hoyt May 21, 2008 Page 2 In order to support different treatment of these types of off premises advertising signs, the City might rely on its goal of maintaining a rural character in the face of pending development, and argue that it allows off premises seasonal sales signs in order to further this goal. Unfortunately 1 can find no existing case law which identifies the goal of maintaining a rural character as a substantial government interest. However, the argument could be made if the City is challenged on this type of regulation. Based upon current case law, my specific recommendation is not to differentiate between types of off premises advertising signs, but to prohibit all of them. If the City chooses to allow temporary off site seasonal sales signs, the regulation should be specific as to time, placement and sign dimensions, and should be supported by a statement in the purpose section of the sign code. If you have any questions, please contact me. ?Jrome my yours, . Fill JPFljmt Direct Dial#(651)290-6907 jfllla@pfb-pa.com March 24, 2008 Susan Hoyt Lake Elmo City Administrator VIA EMAIL 3800 Luverne Avenue North Lake Elmo, MN 55042 RE: Sign Regulations Dear Susan: This correspondence should be read in conjunction with Mr. Gozola's email dated March 18, 2008: 1 . Content Neutral. AContent neutral@ generally means that a regulation seeks to exact a control that is completely separate from the actual message that is conveyed. The focus of the regulation is on the time (when a message may be displayed), place (where a message may be displayed) and manner (how a message may be displayed, or the type of display structure) of the message.When a court reviews a content neutral sign regulation for constitutionality it applies an intermediate scrutiny standard, which looks at whether the regulation is substantially related to a significant government interest. Conversely, if a sign regulation is not content neutral, a reviewing court would apply a strict scrutiny standard. Under this test, to survive a constitutional challenge, a sign regulation must be justified by a compelling government interest; be narrowly tailored to achieve that interest; and be the least restrictive means of achieving that interest. Mr. Gozola illustrates three signs and asks whether they can be legally distinguished. At the present time, I don't think they are legally distinguishable. A regulation that applies to one will probably have to be applied to all of the illustrated sign types. 2. Temporary Sign Interpretation. The following provisions of the Lake Elmo City Code need to be reconciled when considering where temporary signs can be located: Susan Hoyt March 20, 2008 Page 2 ■ Advertising Sign. A sign that directs attention to a business or a profession or to a commodity, service or entertainment not sold or offered upon the premises, where the sign is located or to which it is attached (Lake Elmo Code Section 11 .01). ■ Off Premises Advertising Signs. Off premises advertising signs except as regulated in Sections 151 .115 et. seq. (these types of signs are prohibited in all zoning districts of the City-Lake Elmo Code 151 .120(B)(3)) ■ Temporary Signs. Temporary signs may be allowed for special business events, such as business openings and closings, change in management, district-wide shopping events or other special occasions for fifteen (15) days maximum, by permit from the City Planner. 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. (Lake Elmo Code Section 151 .118(B)(5)). A reviewing court would attempt to interpret the above City Code Sections in a manner that makes sense of all of the provisions. When I attempt to reconcile the above City Code Sections, I conclude: A. A temporary sign located off the premises of the entity identified on the face of the sign is an off premises advertising sign and is prohibited. B. Since the City clearly did not intend to prohibit temporary signs, it must have intended that the temporary sign would be located only on the premises of the business identified on the face of the sign. C. A person can obtain a temporary permit for a' maximum of fifteen (15) days. Unfortunately,the City Code does not indicate whether it's fifteen (15) consecutive days;or fifteen (15) days per month; or fifteen (15) days per year. Obviously, this part of the code needs to be clarified. D. I have no idea as to what was intended by the phrase "district wide shopping event". E. The last sentence of Section 151 .118 (B)(5) could be construed to apply to city, county, and state roads. However, I would interpret it to mean city roads because the city does not the have the authority to regulate the use of county or state roads. Susan Hoyt March 20, 2008 Page 3 3. Impact of changing code to allow off-site advertising signs for seasonal sales or real estate_developments. If the City allows temporary off-site advertising signs for seasonal sales and real estate development but, does not allow other businesses to use off-site temporary advertising signs, its regulation could be challenged by other businesses as being unconstitutional because they would be denied equal protection of the law. I n regard to seasonal sales signs, the City might try to expand the purpose section of the Sign Code to illustrate why seasonal sales of agricultural and horticultural products help the City maintain its image of rural character and to indicate why the use of temporary seasonal sale signs is important to support this concept but it would still be subject to some risk of litigation. However, I could find no case law to support the view that maintaining the rural character of a city is a significant government interest but, the argument could be made if the purpose sections are carefully tailored. If you have any questions, please contact me. Very truly yours, Jerome P. Filla JPF:as c: Ben Gozola Kyle Klatt i I i _ - Planning Commission Date: 5-28-08 Public Hearing Item: 4A(i) ITEM: Consideration of an ordinance to amend the administrative language governing signs in Lake Elmo REQUESTED BY: City Council i SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Susan Hoyt, City Administrator Kyle Klatt, Planning Director Jerry Filla, City Attorney SUMMARY AND ACTION REQUESTED: The Planning Commission is asked to review an ordinance to update the administrative language governing signs in Lake Elmo. The main issues addressed by this ordinance include: 1. The application process for permanent signs vs.temporary signs. During a prior discussion on signs, the planning commission recognized a need to create a less intensive application process for temporary signs given their nature and to make the application/review process for temporary signs less formidable. As proposed, applications for permanent signs will require detailed engineering plans showing location and structural integrity. Applications for temporary signs primarily require general site plans to show location and sign dimensions. 2. Determination of sign "area" measurement. Current city code does not define how the size of a sign is to be calculated. This new section ensures all signs will be measured in a uniform manner. 3. Determination of sign "height" measurement. Like sign area, the current city code is silent on how to calculate sign height. This new section ensures the height of all signs will be measured in a uniform manner. 4. Severability clause. The proposed "severabiiity clause"will ensure that if a portion of the sign ordinance was ever struck down, that the remainder of the ordinance would still remain legally in place. 5. Substitution clause. The proposed "substitution clause" gives any property owner the right to substitute non-commercial speech in lieu of permitted commercial signage if desired. The substitution clause is an important component in modern sign codes to ensure the ordinance is constitutional, and to reinforce that the city is not regulating signs based on content. What changes resulted from the 4-14-08 meeting? As requested, staff has made the following changes to the latest ordinance draft: 1. Definitions for"Permanent Sign" and "Temporary Sign" have been added. 2. "Applicant Certification"was removed from required application materials. Staff borrowed this provision from another ordinance used as a template for application materials. After the 4-14-08 discussion, we would agree that this language is unnecessary given that staff will ultimately determine if an application is complete or incomplete. 3. Temporary sign permit application now requires specific timeframes. The main reason for requiring a temporary sign permit is to allow the City to track when such signs are allowed to be erected. This minor change simply requires that the four 45-day periods for such signs be denoted on the permit application. 4. Application requirements for temporary sign permit renewals has been added. Given that the city will have the information it needs on permitted temporary signs in its files, the application requirements for a renewal can be relaxed. This separate process would also provide a distinction in code that can be linked to the fee schedule differentiation between a new temporary sign permit and a renewal. Why are these changes being made? All of the changes proposed by this ordinance will be integrated into the major sign code overhaul being completed in the coming months. Incorporating these changes into the existing ordinance at this time adds needed clarification to the interim code, and adds additional defensibility against legal challenges at this time. RECOMMENDATION: Planning Commission is asked to review the proposed ordinance, conduct a public hearing, and make a recommendation on any needed changes for consideration by the City Council. If consensus cannot be reached on a proposed ordinance, the item can be tabled for further consideration at a future meeting. ORDER OF BUSINESS: - Introduction........................................................................ Ben Gozola, Senior Planner - Report by staff...................................................................Ben Gozola, Senior Planner - Questions from the Commission ...................................Chair& Commission Members - Open the Public Hearing ........................................................................................Chair - Close the Public Hearing.............................................................................. ..Chair - Call for a motion ...................................................................................Chair Facilitates - Discussion of Commission on the motion ............................................Chair Facilitates - Action by the Planning Commission..............................Chair& Commission Members ATTACHMENTS (1): 1. Draft ordinance to amend the administrative language governing signs in Lake Elmo. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE TO AMEND GENERAL SIGN REGULATIONS Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby amended to add the following definitions: "Permanent Sign"-A sign constructed of durable materials designed to exist for the duration of time that the use or occupant is located on the premises. "Temporary Sign"---Any sign intended for display over a short period of time. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 151.116 is hereby amended to read as follows: Section 151.116 PERMIT REQUIRED (A) 11 rpisrequire � t a `et F j4 §§ 1 51 i 15 ��� r =;No sign.shall. be erected. altered. reconstructed.maintained or moved in the city without. first secLsring a permit from the city. The content of the message or speech displa�--ed on the sign shall not be reviewed or considered in determinina whether to approve or deny a sign permit. (B) Permanent Sims. iiifer-pflation shall be 41ed with the C'4y .Plaflnefffo apply for a permanent sigm permit, a complete application shall be submitted to the City containing the following !.l, dr-a,-.,fng 1,f1-he 11 V,h(1W,1 sed s gn, lYYe or- .] s-'—.MA1Y11T. ]Jl't'�Yf nL_ yeti t� 4y� • YY3 1TT 1L.14 deser-ibing leiter-ing eelef s, illumination, and sup oft systems; 3-4-dff-avving of the Wilding 1;ieeiisites pl :#a . i, i 1 atic }f44W propased-si ( }if t ees ar3 and ho",44 it will extend fwr.m the building; Page 1 of 5 e 6.A building sign p! �(�if . 1,..:lydi„er .:,ill-L++. :,11, 1 s•lv..o ,:v 1. Names and addresses of the applicant, owners of the sign. and lot• 2. The address at which the sign(s) are to be erected: a. The letfal description of the property on which the sign.(s) are to be erected and the street on.which they are to front: 4. A.complete set of scaled flans showing the sign dimensions, area, height_ ground elevations, applicable setbacks. and other details to fully and clearly represent.the safe construction and placement of the torp used Sign S ' 5. Type of sign(s) being requested (i.e. wall sign, monument sign, etc. 6. The permit_fee;..itnd 7. The fo.11gjvjpng if applicable: a. Written authorization from the property owner on who's land the sign is to be erected. b. A permit from either MnDOT or Washington County if the proposed sign is along a state highway or county road. c. _A sign plan showing signs for all businesses if the sign is located on a. buildin 7 with more than one business. d. Photogrgphs.of the buildingface and the building faces of both adiacent buildings if the sign is being placed on an existing structure. e. If replacing a historical sigh, pictorial_proof or other information that the si gn.is of historical siali icance or is a reproduction of a historic sign, (C) Temporary Suns. To apply for a permit to allow a temporary sign, a complete application shall be submitted to the C.i containing the follovvin y: 1. Names and addresses of the applicant, owners of the sign, and. lot-, 2. The address at which the sign(s) are to be erected: 3. A.generalized plan set showing the sign.dimensions and height, and a notation of the znateri.al.s to be used. Page 2 of 5 4. A scaled site plan which clearly represents the placement of the proposed sign(s) on the applicable property;.. 5. The proposed timefrarne s over which the sign(s) will.be posted; 6. The pemit fee: and 7. The following if applicable: a. Written authorization from the propeily owner Ripon who's land the sin is to be erected. b. A permit from either Mn.DOT or Washington.County if the proposed sign is along a state highway or county road. (I3) Temporary Sign Renewal. A temporary sign permit issued by the City may be renewed provided the sib design, size, location, or other previously approved details are not proposed to change. A sign renewal application shall include the following: 1. Names and addresses of the applicant, owners of the si m and lot• 2. The address.at which the sign(s) are to be erected, 3. The date of issuance of the permit being renewed; 4_14e,proposed timefranze(s)over which the sign(s).will_be posted; 5. Written authonzation_fToin the property owner upon who's land the sign is to be erected if applicable), and 6. The permit renewal Tee. i (E) Review. "Che planning department s.ha.11 approve or deny complete sign permit applications upon receipt of a complete application. If the permit is denied, the planning department will send a written Notice of denial.to the applic"uit. The written notice will indicate the reason(s) for denial and a description of the applicant's ap peal rights. Page 3 of 5 Section 3. The City Council of the City of Lake Elmo hereby ordains that Section 151.118 is hereby amended to read as follows: Section 151.118 SIGNS; GENERALLY. (A) The following provisions apply to signs located in all zoning districts. Current Section 151.118.Subdivision(B)(l,)through 12)and its subdivisions are restated and incorporated herein without change, Figure t: Sjgn area (13) C_'onzpttlatinns. Dimensions of'signs shall be Measurement calculated in the following manner: - . CHANNEL a. Sign Area Measurement. a F ER . i . , The area of a si zy i shall be computed by means ----_- ---- of the smallest rectan le within which a si.n >I.e sign face can be enclosed. When a sign has two .` - back-to-back sign faces containing sign copy, the sign area for just one face is cowited toward 4 the allowed sign area, Poles, bases, and other CIRCLE . supports shall not be included in the sign area ;` calculation. b. Sign Height Measurement WKM The height of the sign shall be computed as the vertical distance.measured from the average G►®D r�at the base of the sign p the to oe f the highest attached component of the sigl wilds Fa ure 2: Si rr Nef ht Measurement SIGN Height of sign from s+onige 5U$N to the sign top .» ... n_.w.,..,_. midpoint of Mrarap Page 4 of 5 Section 4. The City Council of the City of Lake Elmo hereby ordains that Section 151.125 is hereby added to read as follows: Section 151.125 SUBSTITUTION CLAUSE. The owner of any sign which.is otherwise allowed by this sign ordinance may substitute non-commercial speech signs in lieu of any other commercial speech sign or other non-commercial speech sign. The purpose of this provision is to prevent ank inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial. speech over any other non-commercial speech. This provision prevails over any ore specific provision to the contrary. Section 5. The City Council of the City of Lake Elmo hereby ordains that Section 151.126 is hereby added to read as follows Section 151.126 SEVERABILITY. If any section subsection., sentence, clause, or phrase in sections 15I1_115 through 151.125 are for anv reason held to be invalid such decision shall not affect the validity of the:remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adored the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections. subsections. sentences, clauses:or phrases be declared invalid. Section 6. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this day of , 20 , by a vote of_Ayes and_Nays. Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator This Ordinance No. was published on the^day of ,2008. Page 5 of 5 Planning Commission Date: 5-28-08 Public Hearing Item: 4A(ii) ITEM: Consideration of an ordinance to amend agricultural business definitions and regulations REQUESTED BY: City Council SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Susan Hoyt, City Administrator Kyle Klatt, Planning Director Jerry Fiila, City Attorney SUMMARY AND ACTION REQUESTED: The Planning Commission is asked to review an ordinance to clarify allowed agricultural sales uses in the City of Lake Elmo. Current city code contains references to numerous land uses that allow sales of agricultural goods. Unfortunately, some of these uses are defined while others are not, and each use is typically only allowed in one zoning district (even though the operations can typically be found throughout the City). This effort is intended to simplify the existing agricultural sales uses into three categories, and to ensure those uses are allowed or conditionally permitted in the proper zoning districts. These clarifications, in turn, will then be used to complete the requested interim changes to the sign ordinance. What are the current land uses that allow for the sale of agriculturalgoods? The terms in code that staff identified as allowing the sale of agricultural goods (or having an impact on such sales) include: • "Agriculture"— The production or sale of livestock, dairy animals, dairy products, fur- bearing animals, horticultural and nursery stock, fruits of all kinds, vegetables, forage, grains, bees, and apiary products. • "Common Gardens"—Land used by residents of a development for the production of trees, vegetables, fruits, and flowers. • "Community Service Agriculture"— Horticulture and floriculture that serves the local area. • "Farm, Rural" —The portion of a 10 or more acre parcel of land in the Rural Residential Zoning District which is devoted to agriculture by the property owner or by a lessee of the property owner. • "Farm, Suburban"—A suburban farm is a non-commercial, food-producing use primarily intended for the use of the residents, and usually on less than 10 contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and domestic pets. • "Floriculture"—The cultivation and management of ornamental and flowering plants for sale on site from a wayside stand. • "Horticulture"—The cultivation and management of trees, plants, grasses, vegetables, and fruits for sale on site from a wayside stand. • "Open Sales Lots"— Lands devoted to the display of goods for sale, rent, lease, or trade, where the goods are not enclosed within a building. • "Seasonal Open Sales Lot" —currently has no definition in code. Under permitted uses in the "A" district, seasonal open sales lots are described as being for"sales [of] agricultural and horticultural products produced on the premises." When read with the definition of "open sales lots," one concludes that agricultural and horticultural products must be sold from an open lot and not within a structure. • "Wayside Stand" —A structure used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the wayside stand on site or on other property in Lake Elmo. How are these terms currently used in city code? The following table illustrates the zoning district in which each of the uses can be established, restates what the use allows, and indicates if the use is permitted or conditionally permitted. ..........................--.;--... - ........................_....................................................................... ............................. 4a Ma ; o 0 L W R N M O 1�1! 3c» Svc .._...._ ..... . Commercial The use of land or buildings for the sale, Agriculture or A, RR, OP lease, rental, or trade of products, goods, and Permitted' Horticulture: services Common i Unlisted Common use of land for the production of Unlisted Gardens ! trees, vegetables, fruits, and flowers. E Community Defined as horticulture and floriculture that Service Unlisted serves the local area. Unlisted Agriculture ...._......................_............. ._ _........._.. ..._.. . . ............. Produce or sell livestock, dairy animals, dairy products, fur-bearing animals, horticultural Rural Farm A, RR ' and nursery stock, fruits of all kinds, Permitted vegetables, forage, grains, bees, and apiary products ' Non commercial production of crops such as Suburban Farm A, RR, OP fruit trees, shrubs, plants, flowers, i Permitted ; vegetables, and domestic pets. z Cultivation and management of ornamental Conditionally Floriculture ! OP and flowering plants Permitted z ` Cultivation and management of trees, plants, Horticulture A, RR, OP Permitted I grasses, vegetables, and fruits ........... .... ... ........ . ...._ .a. ' Agriculture is currently permitted in the A, RR, and OF zoning districts. However, in OP, horticultural services(which by current definitions are part of Agriculture)is a conditionally permitted use. This ordinance will propose a fix to this conflict. 2 Horticulture is currently allowed in the"RR"zoning district via the terms"agriculture"and/or"rural farm." "Floriculture"is only allowed in OP as the term does not appear in the definitions for"agriculture"or"rural farm,"and it is only listed as a permitted use in the OP district. This will also be addressed with this ordinance. ----- —' - CO CI Sell, rent, lease or trade goods from an open Open Sales GB lot. No goods may be enclosed within a Lots Sell agricultural and horticultural products Seasonal Open A produced on the premises in an open field Permitted Sales Lot I (no 9.9ods within a building): Sell goods produced by the operator of the Conditionally Wayside Stand OP stand on-site or on other property in LE. Permitted Goods must be sold from a structure. What lypes of operations currently exist(or have historically been used) in Lake Elmo? Given discussions to date and staff s research on the history of these uses, we suggest the following are the main uses pertinent to Lake Elmo: 1' Commercial agricultural operations-farms operated for the growing and selling of agricultural products. 2' Non-commercial agriculture-the non-commercial production of crops such as fruit tneeo. shrubs, plants, Oowers. and vegetables (essentially the defin�ipnof"suburban farm" less the provision for breeding domestic pets). 3. Seasonal Sales Bumineswem-s permanent operation for the on-site sale of agricultural products produced on the site. Such businesses can be focused primarily on the sale of products produced on-wite, while others tend to branch out to include commercial entertainment ventures (hay rides, corn nnazem, haunted banns. etc). 4' Wayside Skmndm-hernponary sales of agricultural products on private property typically from the back ofm truck(i.m. sweet corn sales). Given the above information and the discussion on 4-14-08, what changes are recommended? Staff is recommending code be clarified in the following ways: 1. Unused definitions should be eliminated. "Common Gardens" and "Community Service Agriculture" define uses that are not listed anywhere within the current city code. AdditionmUy, both uses are arguably already defined under other terms. Removing unneeded definitions will increase o|a[ib/of the current code. 2' Definitions for agriculture, horticulture, and floriculture should simply describe the practice and not whether sales can occur. All three terms should refer to the production of certain goods and nothing more. Separate terms can define how aghou|ture, horticu|ture, and floriculture.products can be sold; and those tmrnna can be defined as permitted or conditionally permitted to determine where om|mn can and cannot occur. 3' A new"Agricultural Sales" definition should be added. This new definition can define the permanent yearly businesses that sell mgriou|tura|, horticultural, or floricultural goods from the same location year in and year out during the various seasons of the year depending upon the products being produced on the site (typical seasons are summer flowers, fall punnpkins, and winter Christmas trees). 4. A new"Agricultural Entertainment Business" definition should be added. This new definition is needed to define those agricultural sales businesses that—due to the nature of their activities—are more akin to a large commercial/entertainment operation than a traditional roadside stand for the selling of fruits, vegetables, and flowers. Examples of activities typically associated with an "agricultural entertainment business" include active farm tours, hay rides, petting farms, haunted barns, pick-your-own operations, etc. 5. "Agricultural Sales" should be classified as a permitted use, while "Agricultural Entertainment"should be conditionally permitted. In the"A" and "RR"zoning districts, agricultural sales are now proposed to be permitted while agricultural entertainment is conditionally permitted. Performance standards for agricultural sales businesses have been added to section 154.110 to give the city a level of assurance that such businesses will not impact surrounding properties. Likewise, a number of conditions must also be met in order to gain approval for new agricultural entertainment businesses. 6. The definition for Wayside Stand should be adjusted, and no time-frame should be established for such uses. Our background research on this subject indicates a "wayside stand" is envisioned to be the small stand or truck which offers the sale of a small number of fruits or vegetables for no more that a few days at a time. If we are correct in our understanding, the definition should reflect that intent and the use should be allowed in all proper zoning districts (not just OP which is scattered throughout the City). Additionally, the commission was against placing any time limitations per week on these types of facilities, so all such requirements have been eliminated. 7. The term "Seasonal Open Sates Lot"should be eliminated. This term would instead be replaced by the new terms"agricultural sales" and "agricultural entertainment business." RECOMMENDATION: i Planning Commission is asked to review the proposed ordinance, conduct a public hearing, and make a recommendation on any needed changes for consideration by the City Council. If consensus cannot be reached on a proposed ordinance, the item can be tabled for further consideration at a future meeting. i I ORDER OF BUSINESS: - Introduction........................................................................ Ben Gozola, Senior Planner - Report by staff................................................................... Ben Gozola, Senior Planner - Questions from the Commission ...................................Chair&Commission Members - Open the Public Hearing ........................................................................................Chair - Close the Public Hearing........................................................................ ...............Chair - Call for a motion ...................................................................................Chair Facilitates - Discussion of Commission on the motion ............................................Chair Facilitates - Action by the Planning Commission..............................Chair& Commission Members ATTACHMENTS (1): 1. Draft ordinance to amend agricultural business definitions and regulations. FA ;1> CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE TO AMEND AGRICULTURAL BUSINESS DEFINITIONS AND REGULATIONS i Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby amended to add the following definition: `° gricultural Entut.a*iM�ent B6 fi.e:ss`Bc,i "—An agricultural sales business that combines the elements and characteristics of agriculture and tourism., which is not necessarily located in an existing building and may have more than one(1) full-time equivalent employee. Examples of agricultural entertainment include: corn mazes, hay rides, sleigh rides,.,Mq g_farms, on farm tours, agricultural related museums,demonstrations of f7anning practices, techniques and methods, pick-your-own operations—fee based fishing and hunting, horseback riding,nature trails, haunted barns and similar activities which are related to agriculture. "A ricultural Sales Business"—The retail.sale of fresh i:ruits.ve�etables,_flowers,herbs. trees. or other ag i-icultural, floricultural. or horticultural products produced on the remises. 'I'lie o °ration may be indoors or outdoors, and may involve accessory sales of unprocessed foodstuffs.home vr©cessed food products such as lams. Ilics i,ckles. sauces,• or baked goods and home-made handicrafts. 11.e floor area devoted to the sale of accessory items shall not exceed 25 percent of the total floor area. No Commercially i packaged handicrafts or commercially processedor acka`sed foodstuffs shall be sold.as accessory iterns. No activities other than the sale of goods as outlined above shall be allowed as part of the aarieultural sales business.. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby changed to amend or eliminate the following definitions as shown: "Agriculture"—The production cm1--sa1t-of livestock,dairy animals, dairy products, fur- bearing animals, horticultural and nnriculturai_nursery stock, fruits of all kinds, vegetables, forage, grains, bees, and apiary products. �' n3nnband used by fesidena devlc>1�3e C{ - du4nf 1 cr�ccS: ,-ccfI._ �q. - l{�1.Ti •T - 1 cTTLi.11ly �^, e • e and , 17II tl'4Fr'n f YY7 EA_c'1YYra." 1h leoal Fps L U. Page 1 of 7 "Farm, Rural"— The portion of a 10 or more acre parcel of land nM-z -� .af esidential iA+:46a-which is devoted to agriculture by the property owner or by a lessee of the property owner. "Floriculture"—The cultivation and management of ornamental and flowering plants-€max ,le on site 4 a waygide stand. "Horticulture"—The cultivation and management of trees, plants, grasses, vegetables, and fruits4D"a4e-on-site frya wayside stand. "Wayside Stand"—A temporary structure or vehicle used for the seasonal retail sale of agricultural goods produced by the operator of the wayside stand on-site or on other property in Lake Elmo. Section 3. The City Council of the City of Lake Elmo hereby ordains that Section 154.033 (Agricultural Use Regulations) subsections (A) and (B) are hereby amended as follows: (A) Permitted uses and structures. (1) 1`3mi �=uburban or rural C€ r rci tl agt ttl#a # ultt+ ; (2) Poultry facilities meeting state and federal regulations; (3) Farm buildings; (4) Farm drainage and irrigation systems; (5) Forestry meeting state and federal regulations; (6) One farm dwelling per farm (also see §§ 154.091 and 154.105); (7) One non-farm dwelling per each 40 acres, or part of a dwelling on a prorated basis, not already containing a farm or non-farm dwelling,provided: (a) The dwelling unit is located on a separate parcel of record in the office of the County Recorder and/or County Auditor, which shall be at least 1- 1/2 acres in size; (b) The parcel on which the dwelling unit is located must have at least 125 feet of frontage along a public street,be rectangular in shape and no dimension to be greater than 3 times the other; and (c) The dwelling is separated by at least 300 feet from the nearest farm building. Page 2 of 7 (8) WgIsid.e stands agieukWal and h erti ltwam pr-ocR*-4s- u -oii4it-f ises; (9) Agricultural. sales businesses subject to performance standards outlined in section 154.110; and n,ediiets gr-e,,,, o;i d4e p.Fc ses; and (10) Joint ownership of property or ownership by association or rental for the purpose of providing private gardens or forest plots to its members or lessees. (B) Uses permitted by conditional use permit. (1) Greenhouses; (2) Kennels; (3) Stables; (4) Commercial recreation of a rural nature, including outdoor target ranges; (5) Agricultural service establishments primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis, including sorting, grading, and packing fruits and vegetables for the owner, lessee, or sublessee; agricultural produce milling and processing for the owner, lessee,or sublessee; horticultural services; fruit picking; grain cleaning; veterinary services; boarding and training of horses; (b) Open space development projects, as regulated by §§ 150.175 et seq.; (7) Non-agricultural low impact uses pursuant to the standards described in division(F)of this section; and Agricultural Entertainment businesses_subject to the following,requirements: a. 'l'he property proposed to be used for agricultural entertainment Roust be located with direct access to a collector or arterial street as identified in the comprehensive plan, b. The troperty owner may be required to improve the traffic intersection located nearest to the property with additional turning Lanes, street Lights, traffic controls,traffic signs and such.other measures as the citvdeems necessary to safely control traffic traveling to and from theei�opert , c. The property must have at least two points of unobstructed emergency vehicle access to each building or permanent or temporary structure., Page 3 of 7 d.. Minimum lot size and building setbacks for"other uses" in the e A-av rictyltgiLee zoning district must be met, e. All parking must occur on-site, be on a primary surface such as class five gravel or pavement; and must be set back at least 30 feet from all property Lin .f.. No more.than.25 percent of the site niaye covered with im erk"lous surface and the remainder shall be suitably landscaped; gam. All sins shall be in conforniance with applicable code provisions; h. Exterior liahting,must be designed and instal led so that the li ght source is recessed and enclosed on all.sides except the bottom so that no light is cast directly gr indirectly on an other property an.d so that the li lit source carrot be seen from adjacent property; J. Roof top or outside mechanical equipment and a_y exterior storage must be screened from view from adjacent properties and rights-of-way with an o a ue.material architecturally compatible with the buildin s j Trash containers must be located inside or screened in an acceptable manlier, k. No outdoorspeakers may be used. 1.___All requirements of the fire code and fire marshal must be met. m. Discharge of firearms,including biLpik sh ll not be allowed on.the property, n. The hours of operation.and the number of permitted employees will be determined by the city council after consideration of the impact on adjacent properties; o. The city.may require inspections of the property in.order to investigate complaints; p. Food consumed on site must be prepared in accordmice with all applicable state and county codes and regulations; qj, The rope rty owner must take reasonable steps to prevent trespassing on adi acent properties by employees, contractors s or patrons; r. There must be identified and acceptable primary and alternate well and septic sites on.the prqpertywhich are sized for the maximum anticipated usage of the property; s. All_animal._feed and bedding~ must be stored within an enclosed building; Page 4 of 7 t. Manure moist be pro, erly stored while on site. Manure must:be disposed of at an oft-site location at least every six months by means of a method approved by the city and the.Minnesota Pollution Control Agency, and u. The city council may require compliance with.any other conditions restrictions, or.lijnitations it deems to be reasonably necessary to protect the health, safety or welfare of the surrounding properties and the community and ma require the applicant.to enter into an agreement to ensure compliance with the conditions. Section 4. The City Council of the City of Lake Elmo hereby ordains that Section 154.03E (Rural Residential Use Regulations) subsections (A), (B) and (C) are hereby amended as follows: (A) Permitted uses and structures. (al) One-family residential dwellings (also see §§ 154.091 and 154.105); and (b2) Farm, suburban or rural within the limits defined in the performance standards for livestock. (3) Wayside stands; and C_Agricultural sales businesses subject to performance standards outlined in section 154.110 (B) Accessory uses and structures(also see §§ 154.092 and 154.093). Uses and structures which are customarily accessory and clearly incidental and subordinate to allowed uses and structures; accessory structures cannot exceed the size of the principal building. (C) Conditionally permitted uses. (1) Kennels; (2) Open space development as regulated by §§ 150.175 et seq.; and (3) Home occupations. 4 Agricultural Entertainnnent businesses SLibiect to the rc uirements outlined. in section 1.54.033 (13)(81. Page 5 of 7 Section 5. The City Council of the City of Lake Elmo hereby ordains that Section 150.178 (OP Use Regulations) subsections (A), (B) and (C) are hereby amended as follows: (A) Permitted uses. (1) Single-family, detached; (2) Preserved open space; (3) Conservation easements; (4) AgriciIitureA atiltaf 1; (5) Suburbanl=arnlsperutinlir}g; (76) Private stables; (�K7) Single-family, attached; (9S) Townhouses (no more than 25% in any development); and (4-- ) Wayside stands (B) Accessory uses. Uses that are typically found accessory to a permitted use. (C) Prohibited uses. All other uses are hereby prohibited. Section 6. The City Council of the City of Lake Elmo hereby ordains that the City's Design and Performance Standards are hereby amended to incorporate the following additions and changes: Current Sections 154.090 through 154.109 and their subdivisions are restated and incorporated herein without change. Current Section 154.110 and its subdivisions are restated and incorporated herein as section 154.111 154.110 A.gTicultural. Sales Businesses Agricultural Sales Businesses shall be subject to the following, erformance standards. 1. Agricultural Sales Business can only operate if listed as a permitted use in the underlying zoning district. Page 6 of 7 2. Activities shall be lirnited to the sale of fresh fruits vegetables, flowers herbs trees, or other agicultural. f7oiicultural, or horticultural products produced on the premises, 3. The Agricultural_Sales Business shalt be located on land owned or leased b,Y the ,producer or the operator of the business. and not within or on any public right-of- ways or easements. 4. The operator must be able to demonstrate at all tames to the City that there is sufficient access, parking,and maneuveringspace, that the location and adequacy of approaches are sufficient, that there is suitable and safe access for pedestrians, and that customer parking is away from the travel way and in close proxintit the Agricultural Sales Business. i _Front, rear and side setbacks for structures and arkina-areas shall conform to _ those of the underl in zoning district. 6. Agricult_ural Sales Business Signs: Sins for such businesses must c_onorm to the City of.Lake I-Imo sign ordinance. 7. Noise Level: No loud speakers or any unnecessary noise will be allowed on the site. 8. All waste materials shall be enclosed in containers provided at the site immediately adjacent to the Agricultural Sales Business_ 9. All sidewalks. roadways, and other public and private spaces adjacent to the site shall be kept free from dust which may be generated by the operation of the business. Section 7. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this day of _ 20____, by a vote of_Ayes and Nays. Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator This Ordinance No. was published on the day of , 2008. Page 7 of'7 Planning Commission Date: 5-28-08 Not a public hearing Item: 4A(iii) ITEM: Consideration of an ordinance to amend sign regulations REQUESTED BY: City Council SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Susan Hoyt, City Administrator Kyle Klatt, Planning Director Jerry Filla, City Attorney SUMMARY AND ACTION REQUESTED: The Planning Commission is asked to review an ordinance to amend sign regulations to achieve the following goals established at the 3-24-08 &4-14-08 Planning Commission meetings: 1) Sign definitions must be updated to accurately reflect the revised agricultural sales uses; 2) Development signs should be defined as a permanent sign subject to removal requirements; 3) The purpose section of the sign code must be updated by the City Attorney to substantiate the allowance of off-site advertising signs for certain real estate developments and Agricultural Sales businesses; 4) Current regulations governing temporary signs should be updated to add restrictions on the location, size and number of such signs, in addition to defining how many permits may be issued per calendar year; 5) Regulations governing on-premises real estate development signs should incorporate the definition requirement that eligible developments are those which create 10 or more new buildable lots; 6) New off-premises regulations need to be created for real estate developments of 10 or more units; 7) The number of off premises signs on any given parcel should be determined by a separation factor rather than a set number of signs per property; 8) Permission must be explicitly required for all off site advertising signs; 9) Removal of off-premises signs for real estate developments should be required once 90% of the development is complete; 10) The number of allowable on-premises signs for seasonal agricultural sales businesses should be regulated based on the amount of land used for production of the agricultural goods; 11) Seasonal agricultural sales businesses should be limited to two off-site advertising signs; 12) Off-site signage for seasonal agricultural sales businesses should be considered temporary, and limited to four periods of 45-days in any calendar year. • Can the existing ordinance be amended as desired without undergoing a complete overhaul? Minor amendments to address the City's off-premises advertising desires will not lessen the existing concerns about potential First Amendment challenges to code. However, that is not to say the City cannot proceed with the desired amendments now and return to address other issues at a later point in time. Rather, the City just needs to understand how to protect itself in as much as possible if it chooses to allow certain types of off-premises advertising within the current code framework. • Is using a purpose statement to allow certain types of signs legally defensible? According to the City Attorney, the City could be open for a legal challenge to the ordinance, but there was no case law to indicate this couldn't be done in an effort to protect a significant government interest(in this case protecting rural character). While"protecting rural character" can arguably be used to support the allowance of off-premises advertising for the City's agricultural businesses, it is harder to make such a connection for off-site real estate advertising signs. Given that the current best practices on signs would not recommend using a purpose statement to allow off-premises advertising signs for specific business types, it is important for the Planning Commission to continue its assessment of concerns that arise due to this approach including: o Is the commission comfortable that allowing off-site advertising for agricultural businesses is important to preserving the community's rural character? o Why are developments being allowed off-site advertising? What important public interest is being served, and/or how does such signage allow the city to protect its rural character? o If off-premises development signs can be supported as serving a vital public interest, how do we differentiate which rural developments can have signs? For example, can standard 10 and 40 acre subdivisions have signs? OP subdivisions? Cluster developments? Only developments creating a certain number of lots? o Can the city clearly find that the right to have off-site real estate development signs is not linked strictly to providing an economic benefit for developers or landowners? In assessing these questions, staff came to the conclusion that off-premises advertising for developments is difficult to support, so we are recommending that such provisions no longer be considered. Off-premises signs for agricultural sales businesses can be supported provided the City understands the associated risks. How will the new purpose statement protect the City from a claim that its regulating signs based on content? According to the City Attorney, if the City allows temporary off-site advertising signs for some businesses but not others, its regulation could be challenged for being unconstitutional for potentially denying equal protection of the law. To address this issue in the context of the existing code, it was recommended that the City expand the purpose section of the sign code to illustrate why certain types of off-premises advertising signs are critical to ensuring the community can "maintain its rural character." Both staff and the attorney find that such a link can arguably be made for agricultural sales businesses; however, we also find that such a distinction cannot be made for real estate off-premises advertising. As such, we have provided two drafts of ordinance #3 for consideration. The first draft(preferred by staff) does NOT contain provisions for real estate off-premises advertising. The second draft maintains the previously considered language (amended as requested) for real estate off-premises advertising. The second draft should only be used if the commission feels the purpose statement can be amended in a way that explains how off-premises real estate advertising "maintains rural character' or serves some other essential public good. How does this ordinance change regulations governing signs for Agricultural Sales? First and foremost, such businesses would now be allowed to have signs under the proposed ordinance (current code does not contain a provision for ANY signs). Second, these types of businesses would be allowed to have one, two, or even three on-premises signs depending upon the amount of acreage devoted to the production of the agricultural good being sold by the business. A maximum gross square footage for all signs would limit the overall size of allowed signage. And finally, each business would be allowed to have up to two off-premises advertising signs provided certain conditions could be met (permission from the other property owner, must meet size and height requirements, could only be up for a specified period of time, etc). How does this ordinance change regulations governing signs for developments of ten or more lots? Again, staff has provided two draft ordinances for consideration. Draft#1 (supported by staff) no longer provides an avenue for off premises real estate advertising. Draft#2 maintains the language for real estate off-premises advertising that was considered by the commission during past meetings. Either option maintains the existing language allowing for on-site advertising. Does this ordinance now allow wayside stands to have signs? Yes. Wayside stands, under the proposed ordinance, could have one sign up to 32 square feet in size without a permit. Does this ordinance require off-site advertising be erected only along certain corridors? No. Staff has not proposed any restrictions on where off-site advertising can be. However, the limit of two signs per business essentially ensures that such signs will only be located along major traffic corridors. Staff sees this as a reasonable approach to avoid having to change code if/when a request comes forward for an off-site advertising sign in a reasonable location that is not identified in code. How did staff arrive at the proposed sign size restrictions, and what_is VRT? The proposed sign size limits for on and off premises signs proposed by this ordinance were intended to be reasonable based on the current code and best available data regarding sign sizes. For example, many signs in residential areas were capped at 32 square feet(political, construction, property sale, etc), so 32 square feet was a logical maximum for an on-premises seasonal sales business sign (which would be located in residential areas). For off-premises signs, staff consulted the latest research on Viewer Reaction Time (VRT) knowing that such signs will be located along the major transportation corridors. A VRT study determines the number of seconds a person can view and comprehend a sign given the sign size and speed limit of a road. For example, a 50 square foot sign can be seen and comprehended by a motorist for five seconds on a 40 mile per hour road. If the sign were increased to 128 square feet in size on that same road, the sign could be viewed and comprehended for 8 seconds (see the following table for a breakdown of viewer reaction times based on speed limits and the size of a sign)- ................... ................._ MPH VRT(seconds) i Sian Size iftZl {� i 4 ; 12.5 :.................__.......,........................................................... .... 5 ! za 8 1 50 10 78 4 32 _..__................._................ ....................................................................... 5 50 40 ............._...__._.................................................... 8 ........_.........' 128 io ........................:...................................... .......... . . ........................E Y .....................5 .. ........._.._ _....................:....... . .... .... i 95 8 242 05 S .:............«...............................................:j..............,.............<....................................:.., 378 ..:......x.... ...........:..._....................... Given that most of the major roads in or adjacent to Lake Elmo have speed limits of 55 m.p.h. or greater, staff felt that 32 square feet would be too small for off-site advertising signs. Instead, staff felt that a maximum of 50 square feet was reasonable to provide roughly three seconds of viewing and comprehension time along major corridors. Other than addressing the various issues that arose at the commission meeting on 4-14-08 does this revised ordinance contain any other major changes? No. A summary of changes since the last draft is as follows: 1. The attorney's proposed definition for"sign" and the new purpose section have both been added to this latest draft ordinance. 2. Development advertising signs are now required to be removed at 90% build out. As proposed, issuance of a building permit for lots within a development will be the determining factor for"developed" vs. "non-developed" when enforcing this requirement. 3. "Seasonal Agricultural Sales"was simplified to"Agricultural Sales." In revising the ordinance, it was determined the word "seasonal" was unnecessary and made the ordinance harder to read. 4. Off-premises advertising signs for agricultural sales businesses were capped at two instead of one. RECOMMENDATION: Planning Commission is asked to review the proposed ordinance options, conduct a public hearing, and make a recommendation on any needed changes for consideration by the City Council. Staff is recommending the Planning Commission base their recommendations on the draft that does NOT allow off-premises real estate advertising signs. ORDER OF BUSINESS: Introduction........................................................................ Ben Gozola, Senior Planner Report by staff................................................................... Ben Gozola, Senior Planner Questions from the Commission ...................................Chair&Commission Members Openthe Public Hearing ........................................................................................Chair Close the Public Hearing........................................................................................Chair Call for a motion ...................................................................................Chair Facilitates Discussion of Commission on the motion ............................................Chair Facilitates Action by the Planning Commission..............................Chair& Commission Members ATTACHMENTS (2): 1. Option 1: Draft ordinance to amend sign regulations (does NOT allow for off- premises real estate advertising signs). 2. Option 2: Draft ordinance to amend sign regulations (allows off-premises real estate advertising signs). CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE. TO AMEND GENERAL SIGN REGULATIONS Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 11.01„is hereby amended to add the following definitions: "Off-premise 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. A sign located within an easement or other appurtenance to a lot on which a business is located shall be deemed an oft-premises sign. "On-premise sign"—a sign which identifies or advertises an establishment, person, activity. roods products or services located on the premises where the sign is installed. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 is hereby changed to amend the following definitions: "Sign"—Any letter, word or symbol, device, poster, picture, statue, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication,whether painted, posted, printed, affixed or constructed, which is displayed for informational or communicative purposes and is visible to the general public.. y, ' ttreor w,.c,,k dir-eets ,,,,,,,,;,,,, to , of business. The ter-in approved . "Sign, Real Estate Development'—A sign offering for sale, lease, or rent a single-family or multiple-family residential project of 10 or more dwelling units or lots. Real estate development signs shall be administered as permanent signs subject to all.removal. requirements outlined in code. "Sign, , icqlxural Sales"—A sign placed on a lot or parcel of land advertising an operating and pernzissible a Yricultural sales business. out mlit {ee is required-. Off-premises agricultural sales signs shall be administered as temporary signs subject to all removal requirements outlined in code. "Sin Wayside Stand"-- A si an.located on a temporary structure or vehicle being used to sell a�.jricultggLfloricultural,or horticultural products. Page 1 of 7 Section 3. The City Council of the City of Lake Elmo hereby ordains that Section 151.115 outlining the purpose of the municipal sign code is hereby amended to read as follows: (A) `l'he .l..ake Elmo Sian Regulations are intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well- maintained safe and attractive columtmity, and the business community's need for effective communication and identification. It is not the purpose or intent of these regulations to favor commercial messages or speech over non-Lornn3ercial messages or speech or to discriminate between types of lion-commerctal_speech or the vie)Toints represented therein. It is the intent of' these regulations to promote the health, safety, Terms welfare, and desirable rural community image through the regulation of signs with the following objectives i.n mind: (1) SiM shall demonstrate a high standard of aesthetic character and encourage the use of monument and individual letter-style signs (2) Permit large enough copy/graphic area to effectively convey the intended messne but.not so large as to unduly distract the reader and insist on lettering large enough to be. easily read to encourage simple, uncluttered mess Q) Sighs shall be_pEoportioned to the size of, and architecturally compatible with,the structures and other sians on.the premises,• (4) Permanent signs shall only advertise on-premise businesses. services, facilities, etc; (5) Allow temporan, business signs for grand openings and occasional sales events; allow temporary signs to advise the public of the seasonal sale of agricultural and horticultural products in keeping with the City's rural image; and to allow temporary directional sins permitting the ublic to more easily locate land conservation developmems which enhances the City's rural intake, without creating continuous visual clutter or traffic hazards along streets or at intersections; and (6) Signs shall be properly maintained. (71 Signs that distract drivers, cyclists and pedestrians_shall not be permitted. Studies conducted by public and private agencies have identified that dynamic suns, including multi-vision signs, electronic signs and video displays can be highly distracting to drivers, pedestrians, and cyclists and that distractioi2 is a significant underlving cause of traffic accidents. With respect to electronic signs, including video display signs, the City finds that they are highly visible from long distances and at very wide viewing angles both day and night aiid are designed to catch the eye of persons in their vicini!y and hold it for extended periods of time. If 1e11 uncontrolled Page 2 of 7 electronic signs, including video display signs, constitute a serious traffic safety threat. Studies conducted by the Federal Highway Administration (F.II:WA), Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction. Sept. 1.1, 2001, and 'T'he Role of Driver Inattention in Crashes: New Statistics from 1.995. the University of North Carolina Highway Safety Research Cent Distractions in l: Driving May 2003 and "the Role of Driver Distraction in Traffic Crashes, May 2001, the Wisconsin Department of Transpoilation, Synthesis Report. of Electronic Billboards and Hi rghwav Safety, June 10, 2003, the Municipal Research and Services Center of Washing Si i. Control Provisions Jan. 2006, the Veridan Group, Vidco Signs in Seattle, Gerald. Wachtel, May 2001, reveal that electronic signs are Highly distracting to drivers and that driver distraction continues_ to be a si igficant underlving cause of traffic accidents. (B) Findings. The City of Lake Ehna hereby finds that regulation of the constriction type, location, size, and maintenance of signs is necessary to accomplish the above referenced objectives, because: (1) The-presence of permanent and ternporary sig_nage affects the astral nia e of the City of Lake Elmo: (2) Properly regulated sin e can create an. atmosphere of prosperity, stimulate commercial activity, and consequently, lead to increased employment and a healthier tax base; 3 T'he safety of motorists, cyclists, and pedestrians can. be threatened by sign we that interferes with necessary sight-distances and/or unduly diverts the attention of such persons. 4 Si ass that are too bright, overly illuminated, flash blink, scroll, twirl, change messages or color, or imitate movement, including video displays. can distract drivers cyclists and pedestrians and impact traffic safet . Signs,have a" impact on the fufal ebar-aetef and qualit- a ., ,F •,e„ar, unity T_aLe i'r j}�J� y_Th ..«ope-eenh-el of signs i io19',.#:'ldartie y i ` dares Page 3 of 7 Section 4. The City Council of the City of Lake Elmo hereby ordains that Section 151.118 subsection 13 5 regarding tens Lan' signs is hereby amended to read as follows: Temporary signs. Temporary signs may be allowed upon issuance of a permit for on-site advertising of special business events such as hLsiness openings and closings, change in management, dis4ziet wide shopping o°,�n�� sales events,or other special occasions. for 1-4 No more than four temporary sin permits may be issued in any calendar year for a given destination, and e�a,�c'h temporary sign permit shall run for 1.5 days. �`�ift ? decorations on., over, or within the Fight of way for a Veeified period of . Temporary signs shall be subject to the following regulations: a. Only one on.- remises tem orar sign shall be allowed per business or event. bb. "1� _ ___ean (.rary si gs shall not exceed_32 square feet in area and shall not be taller than. 1.0 feet in height. Section 5. The City Council of the City of Lake Elmo hereby ordains that Section 151.119 subdivision (E) is hereby amended to read as follows: Current Section1.51151.119.subdivision (13)(1) u 7h_(£J and:its subdivisions are restated aid in.comorated herein without change. (9) Real estate development project advertising signs. -{o e-pwposec f Belli rc�rnE ira to c nt-prc+jest;tl- ed: On premises real.estate development project adverti 15jpgLsigns m be used if the fol.lowin requirements are met: 1. M.inimum.Development Size: -1-i. Projects of bless than 25 acres which create ten or more dwelling units are allowed 1 on-premises sign not to exceed 100 square feet of advertising surface en the prej et site; 2z i Projects of 26 through 50 acres which create ten.or:more dwelling is are allowed 1 or 2 on-premises signs not to exceed 200 aggregate square feet of advertising surface on the project site; and 3Jii.____Projects over 50 acres which.create ten or more dwelling units are allowed 1,2, or 3 on-premises signs not to exceed Page 4 of 7 200 aggregate square feet of advertising surface on the project site. .?,. On-premises sign requirements: bA. No dimension shall exceed 25 feet exclusive of supporting structures. e ii. The sign shall not remain aft nee 90%of the lots in the development have been issued building permits, of e et is developed-. d.iii. The permit for the sign must be renewed annually by the Council. e=iv, All signs shall be bordered with a decorative material compatible with the surrounding area. f:v. Any illuminated sign shall be illuminated only during those hours when business is in operation or when the model homes or other development are open for conducting business. (10) A&*Ultural sales advertiasing,signs. a. On-Premises. On-premises agricultural sales advertising,signs may used subiect�„ to the following requirements: 1. Acreage dedicated to agricultural production: i. Agriciiltural sales businesses utilizing,less than 10 acres of land s ecificailtfor thg_rowing of a,ricultural crops_ or the business are allowed l on-pren not to exceed.32 gross square feet of advertisi«gr surface: ii. Aaricultural sales businesses utilizing more than 10 acres of land but less than 40 acres of landspeci_iieally_for the r Jingat agricultural crops for the business are allowed 1 or 2 on-premises signs not to exceed 48 gross square feet of advertising surface (;with neither sign exceeding 32 square feet in size). iii. Agricultural sales businesses utilizing more than 40 acres of land specifically for the growing of agricultural Crops for the business are allowed 1 . 2 or 3 on-premises signs not to exceed.64 oss square feet of advertisin _surface with no sign exceeding 32 square feet in-size):--- Page 5 of 7 2. On-premises sign requirements: i_ No dimension of any sign shall exceed..15 feet..exclusive of supporting structures. ii. The permit for the sign must be renewed annually by the Council. iii. _All sins sliall be bordered with a decorative material compatible with the surroundizi area. iv. Any illuminated sign shall be illuminated only duringt hose: hours when business is open to the public for conducting business. b. <) mises agicultural sales advertisijg,-sio,tnavr - be-used if the following requirements are met; 1. Maximum NUMber. Everv- agricultural sales business shall have no more than two off-premises signs at any iven time to_direct_the public to the location of the business. 2. Off-premises sign requirements: i. An off-site ag��icultural sales advertising; sign shall .not exceed. 50_square feet in area and shall not be taller thanY 10 feet in heist, --- -- ......_ ii. Off-premises rims shall.be a minimum of 25' from all side property lanes.and a nunimum of 50' from other off- premises advertising sigsns;. iii,...._-_Applicants for off-premises sites shall acquire permission from the property o`vgier upon who's land the sign is to be erected. 3. Timeframe of use. AnEither one or two of-TLgnises agricultural sales advertising s.. .(s) may be erected for a_45_-da _ti.me period no more than four times in any given calendar year. '€"he required yearly permit shall stipulate the range of elates for each of tl-e four allowable time periods. 11) Wayside Stand si m. Temporary wayside stands permitted by code m.a have one non-illuminated sigtr_(cxenint from permitti.ngreq.airetnent not fit, exceed_32 gross square feet of advertising surface. Page 6 of 7 (120)Window signs. No sign permit is required for window signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed; and (1340o trespassing/no hunting signs. No trespassing and no hunting signs shall be no larger than 2 square feet. Section 6. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this day of , 20_, by a vote of_Ayes and _Nays. Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator This Ordinance No. was published on the day of 2008, Page 7 of 7 Cpe��c�l���'� J CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE TO AMEND GENERAL SIGN REGULATIONS fiction l[BGq. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 is hereby amended to add the following definitions: "Off-premise 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. A sign located within is easement or other appurtenance to a lot on which a business is located shall be deemed an off-premises.sign. "On-premise sign"-- a sign which identifies or advertises an establishment, person, activity, goods,products or services located on the premises There the sign is installed. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 is hereby changed to amend the following definitions: `Sign"ksazl—Any letter, word or symbol,device, poster, picture, statue,reading matter or representation in the nature of an advertisement, announcement,message, or visual communication,whether painted,posted, printed, affixed or constructed, which is displayed for informational or communicative purposes and is visible to the general public. g .t or-deviee 4 ieh dii!eets ,,,•,a,,,:,.n z}lZ Hz'7� Pzs'fe , govemmenial flag pfepefly displayed in an. approvKira nl i!l fleF. V Sign;Real Estate Deve.1iop irri66V—A sign offering for sale, lease, or rent a single- family or multiple-family residential project of 10 or more dwelling units or lots. Real estate development signs shall be administered as permanent signs subject to all removal requirements outlined in code. "Sign,agricultural Sales"-A sign placed on a lot or parcel of land advertisin.,o an. operating and permissible agricultural sales business. Off-iremises agricultural sales signs shall be administered as temporary suns subject to all removal requirements outlined in code. Sin Wayside Stand" A sign located on a tem orar structure or vehicle being; used.to sell agricultural, floricultural or horticultural products, Page 1 of 8 ecti": 4j. The City Council of the City of Lake Elmo hereby ordains that Section 151.115 outlining the purpose of the municipal sign code is hereby amended to read as follows: A The Lake Elmo Sian Regulations are intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well- maintained, safe, and attractive coinmunity, and the business community's need for effective communication and identification. It is not the purpose or intent of these regulations to favor commercial messages or speech over non-commercial messages or speech or to discriminate between types of non-commercial speech or the viewpoints represented therein. It is the intent of these rep gulations to rop mote the health, safety, eneral welfare and desirable rural community ima e throurih the reattlati.on.of signs with the following objectives in mind: (1) Siums shall demonstrate a high standard of aesthetic character and encourage the use of monument and individual letter-style sib �2 _____Kermit large enough cony/graphic area to effectively convey the intended message but not so-large as to unduly distract the reader and insist on lettering large_enough to be easily read to encourage simple, uncluttered messages, �3)____ Signns shall be proportioned to the size of, and architecturally, compatible with the structtu-es and other signs on.the premises; (4) Permanent signs shall only advertise on-premise businesses, ser%vices, facilities, etc; (5) Allow tempora business signs .fort- grand openings and occasional sales events; allow temporary signs to advise the public of the seasonal sale of agric_ul_tur_a_l_and_horticultural products in keeping with the C;ity's rural image; and to allow temporary directional signs permitting the public to more easily locate land conservation developments which enhances the City�y's rural image, without cleating continuous visual clutter or traffic hazards along streets or at intersections; and (fi} Signs shall be properly maintained. (7) Signs that distracts drivers, cyclists and pedestrians shall not be perniitted. Studies conducted by public and, private agencies have identified that dynamic signs, including multi-vision signs, electronic signs and video displays can be highly distracting to drivers, pedestrians and cyclists and that distraction is a significant underlying cause of traffic accidents. With respect to electronic s_ignsincluding video display signs, the City finds that they are highly visible from :long distances and at very wide viewing angles both day and. night and are designed to catch the eye of persons in their vicinity and hold it for extended periods of time. if left uncontrolled, Page 2 of 8 electronic signs, including video displav signs, constitute a serious traffic safety threat. Studies conducted by the Federal Highway Administration FRWA . Research Review of Potential Safety I Tf_ects of Electronic Billboards on Driver Attention and Distraction. Sept. 11, 2001, and The Role of Driver Inattention in. Crashes: New Statistics from 1995;. the University of North Carolina. Hi way Safety Research Center, Distractions_in [wer •day Drivin Ma , 2003 and The Role_of Driver Distraction in 'fraffi.c Crashes, :May 2001, the Wisconsin Depwinient of Transpoilation, Synthesis Report. of Electronic Billboards and flighsn,av Safety, June 10. 2003; the Municipal Research and Services Center of Washington, Sign Control ProvisionsS an. 2006• the Veridan Cironp, Video Signs in Seattle, Gerald. Wachtel, Mays 2001, reveal that electronic signs are his?lily distractingto driver, and that. driver distraction continues to be_a significant underlyin 1, cause of traffic accidents. Findings. "1'he City of Lake :Elmo hereby finds that regulation of the constniction We, location sire, and maintenance of signs is necessary to accomplish the above referenced objectives, because: (1) The presence of permanent and temporary signage affects the rural image of the City of.Lake Elino-, (2) _Properly regulated si rage can create an atmosphere of prosperity. stimulate commercial activity, and consequently, lead to increased employment and a healthier tdx base- 31�_. The safety of motorists, cyclists and pedestrians can be threatened by sigtage that interferes with necessary sight-distances and/or unduly diverts the attention of such persons. (4) Signs that are too bright, overly illuminated, flash, blink, scroll twirl, change messages or color, or imitate movement, including video displays. can distract drivers, cyclists and pedesti7ans and impact traffic safety, rTh . �=unity, Lake,Elw mq l- - ar-4"af i s-rttr�l tom,,;, . ,.; a , �'l , should We 1--4. ranee.appe Page 3 of 8 c#ivn [Brij. The City Council of the City of Lake Elmo hereby ordains that Section 151.118 subsection jB)(5) regarding temporary signs is hereby amended to read as follows: (B) (5) Temporary signs. Temporary signs may be allowed upon issuance of_a ep rmit for on-site advertising of special business events such as business openings and closings, change in management, ppi -event , sales events or other special occasions_f f 15 days maximum No more than four temporary sign Permits ma be issued in anv calendar year for a given destination, and each temporary sign permit shall run for 15 days. by-pefmiit from C . Te porary signs shall be subject to the following regulations: a. Only one on-premises tem�ary si.& shall be allowed per business or event. b. Temporarjsi ns shall not exceed 32 square feet in area and shall not be taller than. 10 feet in height. Section OC61. The City Council of the City of Lake Elmo hereby ordains that Section 151.119 subdivision (B)is hereby amended to read as follows: CCirrent Section 151,119,subdivision.LB)-�I. Ijlrough(8) and its subdivisions are restated and incoWorated herein without change, _ (9) Real estate development project advertising signs. a. Cain Premises'rac . On premises real estate development project advertising si�ms may be used if the following re uirements are met: 1. Minhn-um Development Size: 4-.i. Projects of 3-wless than 25 acres which create ten or more dwelling units are allowed 1 on-premises_sign not to exceed 100 square feet of advertising surfaceEa *� 2 i.i.Projects of 26 through 50 acres which create ten or more dwelling u� nits are allowed 1 or 2 on-premises signs not to exceed 200 aggregate square feet of advertising surface on the project site; and 3 dii. Projects over 50 acres which create ten or more dwelling units are allowed 1, 2, or 3 on-premises signs not to exceed 200 aggregate square feet of advertising surface on the project site. Page 4of8 2. Ora-prernt � sign recluirezneritacsi: b:i. No dimension shall exceed 25 feet exclusive of supporting structures. e-ii. The sign shall not remain aforonce 90%of the lots in the development have been issued building permits. 95 et; developed-. 4-dii. The permit for the sign must be renewed annually by the Council. e:iv. All signs shall be bordered with a decorative material compatible with the surrounding area. I f-v. Any illuminated sign shall be illuminated only during those hours when business is in operation or when the model homes or other development are open for conducting business. b. b0ffipreinises�r ogt. Open space preservation developments maw allowed one off-premises reel estate development advertising sign if the follorkrin r requirements are met: 1. Minimum Development Size. )pen space preservation development projects creating ten or more dwelling units are allowed to have one off-premises sign to identify the location.of the development. 2._ Off-premises sign renuirements: L An off-site real estate development project advertising sign shall not.exceed 50 square feet in area and shall not be taller than 10 feet in heimht; ii._ _WOff-premises sir.In.s shall be a minimum of 25'._from all side rpm exev tires, and a minimurn of 50 from other off- premises advertising signs; iii. Applicants for off-premises signs shall acquire permission from the erty ovc er upon who's land the sign is Io be erected. 3. Timing of Required Removal. An.off-premises real.estate development advertising sign shall be removed once 90% of the lots in the development have been issued building permits. Page 5 of 8 (10) -,4-r;riculturals4ilesailvertisingsi,ins. a. 6 jLO isestaGiol.O_ n-memises a 7ri�itural sales advetisin�suns mad-be used subject to the following requirements:, 1. Acreage dedicated to agricultural production.: i. Agricultural sales businesses utilizing less than 1.0 acres of larid�specifically for theroEt-ing of agricultural crops for the business are allowed 1 on-premises sign not,to exceed 32 gross square feet of advertising surf Agricultural sales businesses utilizing more thasi 10 acres of land but less than 40 acres of lance specifically for the gruwina of a �r�ltural cro ads for the business are allowed 1 or 2 on-premises suns not to exceed=18 gross square feet of advertising,surface (with neither stern exceeding 32 square feet in vile iii. Agricultural sales businesses utilizing-plpre than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 , 2 or 3 on-premises signs not to exceed_64 gross s. uare feet of advertising surface (with no sign ex.ceedi.ng 32 Square fcet.in.sizc);. 2. On-premises sign requirements: i. No dimension of any sign sliall exceed 15 feet exclusive of supporting Structures. ii. —Ilse permit for the sign must be renewed annually by the Council. All siCrns shall be bordered with a decorative material cam Itible with the surroundingarea. iv. _ Any-ilhiminated._si`>n.shall.be illuminated only during those hours when business is open to the public for conducting business. b. Off-prcutisestaci i 1.—An ntf-premises.auricultural sales advertising,iyn maybbe used if the following requir�qicaa s ure.,met: 1. Maximum Ncimber. Eve.v a>ricultural sales business shall liave no more than two off-premises signs at any given time to direct the public to the location of the business. Page 6of8 -,n requirements: 2, Off oremisessig i.—Arl r 'off-site agricultural sales advetisint"sign shall not exceed 50 sqjiA[e feet in area and shall.not be taller than 10 feet in height; ii. Off-".r mises signs shall be a minimum of 25' ftom all side proWrty lines and a minimum of 50' Prom,other of premises advertisi-n-&5MD-S. iii. Applicants for off-premises signs shall acquire permission from the property owner uM)n who's land the signis to be erected. 3. Timeframe of use. AnElither one or two off-premises aparicultural sales advertising sign(s) may be erected for a 45-du time period no more than four times in any given calendar year. The reguired `early_ .17 Ur X.imjit shall stipulate the range of Gates flor each of the o allowable time periods. (Ll) iWaj.i,yide 5twnd:s&i�jrjo'i:4, Tem orary wayside stands ven.nitted bv code ----------- May have okie non,-illuminated sin (exempt from cimitting Lequsj�,piejits not to exceed 32 Mss square feet of advertising surf-ace. (120)Window signs. No sign permit is required for window signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed; and (I 34-)No trespassing/no hunting signs. No trespassing and no hunting signs shall be no larger than 2 square feet. Page 7 of 8 Section 6. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this day of , 20____, by a vote of_Ayes and __ Nays. Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator This Ordinance No. was published on the day of , 2008. Page 8 of 8