HomeMy WebLinkAbout04-14-08 PZM41,
GU' E City of Lake Elmo
EL M 0 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
Www.LakeElmo.Orq
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, April 14, 2008, at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. March 24, 2008 (to be distributed prior to meeting)
4. Consideration of three separate ordinances to address sign related issues currently
before the City:
a. Sign Administration
b. Agricultural Business Definitions and Regulations
c. Off -site advertising signage
5. Other Business
6. Informational Items
a. City Council Updates
i. April 1 — City Council
1. AUAR Development Scenarios
2. 7934 Hill Trail Septic System Variance
7. Adjourn
APPROVED; 5-12-08
City of Lake Elmo
Planning Commission Meeting
Minutes of April 14, 2008
Chairman Ptacek called to order the meeting of the Lake Elmo Planning Commission at 7:01
p.m. COMMISSIONERS PRESENT: Anderson, Fliflet, Helwig, Ptacek, Roth, and Hall.
STAFF PRESENT: Planning Director Klatt and Senior Planner Gozola.
Agenda
M/S/P, Helwig/Roth, to approve the agenda. Vote: 6:0.
Minutes — March 28, 2008
Klatt noted that the minutes from March 28, 2008 would be included in the next Planning
Commission packet.
Sign Ordinance Revisions
Senior Planner Ben Gozola reviewed the staff memorandum to the Planning Commission
regarding proposed amendments to the Sign Ordinance. The amendments that have been drafted
include changes to Sign Administration, Agricultural Business Definitions and Regulations, and
Off -site Advertising Signage.
Hall asked if the current code contains clear definitions for permanent verses temporary signs.
Gozola noted it does not and that these definitions could be added with the draft ordinance.
Anderson requested a change to the language pertaining to completed applications.
The Commission discussed the requirements for topography, and Gozola stated that such
information may be needed depending upon the type of sign and the proposed location. Staff
will work with applicants and waive informational requirements if such information isn't needed
to demonstrate compliance with code.
The Commission further reviewed the organization of the sign administration section. In
response to a question from the Commission, Gozola explained that the required permit for a
sign would indicate the duration each sign could be displayed. The Commission had no further
questions or comments on the first ordinance.
Gozola then reviewed the proposed ordinance revisions to the agricultural business regulations.
Gozola began by reviewing proposed definition changes and new definitions to be added stating
the proposed changes are needed to clarify what these uses are allowed in the various zoning
districts. The proposed changes were critical to address the commission concerns surrounding
how to categorize different agricultural use types, ensuring that farmers can legally sell their
products, and ensuring intensive agricultural uses get City review.
Lake Elmo Planning Commission Minutes; 4-14-08 1
APPROVED; 5-12-08
Ptacek agreed with adding a definition for rural farm.
Gozola noted that the ordinance as drafted would not prohibit the sales of goods grown on site
since seasonal sales businesses and wayside stands would be permitted uses.
Roth suggested that seasonal sales should not be conditional on agriculturally zoned property.
Gozola explained that it is important to differentiate between a stand and a larger business
operation given the potential impacts associated with a more permanent use.
The Commission generally recommended developing standards for each of the agricultural
businesses proposed, and was in favor of creating different categories for each type of activity.
Access was identified as an important component to regulate, but the commission was
uncomfortable with making all such uses conditionally permitted. Gozola suggested that access
requirements could be included in the code as a performance standard for a permitted use if the
Commission wanted to regulate that aspect of a business site.
The Commission discussed other potential impacts of agricultural businesses that may need
review including parking, traffic, dust, and hours of operation.
The Commission provided direction to allow wayside stands, regulate seasonal sales as permitted
uses with performance standards, and to require a conditional use permit for larger operations.
The requirements for a conditional use will come back to the Commission review, and a third
category will be developed for the most intensive uses. The Commission had no further
questions or comments on the second ordinance.
Gozola concluded the discussion by reviewing the proposed ordinance changes related to
temporary signs and temporary off -site signs. He noted that the ordinance addressed the
commission's feedback from the previous meeting including an allowance for multiple on -site
signs for agricultural businesses based on the acres used for agricultural production.
The Commission agreed by consensus to lower the build -out requirements for sign removal from
95% to 90% in open space development projects. Gozola suggested using the issuance of
building permits as the determinant for calculating the build out percentage. The Commission
further agreed by consensus to revise the draft ordinance to allow two off -site signs for
agricultural sales businesses. Finally, direction was given to create a renewal process and fee for
temporary signs.
Informational Items
Klatt discussed that the City Council had recently ordered the preparation the AUAR for the
Village Area with three development scenarios to be studied. He also noted that the variance for
the 7934 Hill Trail septic system had been approved.
Lake Elmo Planning Commission Minutes; 4-14-08 2
APPROVED; 5-12-08
Adornment
The meeting was adjourned at 8:19 p.m.
Respectfully submitted,
Kyle Klatt
Planning Director
Lake Elmo Planning Commission Minutes; 4-14-08 3
Planning Commission
Date: 4-14-08
Not a public hearing
Item: 4
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 3-24-08 Planning Commission meeting, staff introduced a 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. A summary of planning commission
feedback from the 3-24-08 review is as follows:
• Staff should consider amending the proposed ordinance to govern on -site seasonal sales
signs based on the acreage used to grow the product for the wayside stand or open
seasonal sales lot.
• Development signs — make sure the definition considers these signs a permanent sign
• The commission was split on off -site advertising for development; some were against
such signs altogether (4), while others felt the signs were needed to get the development
completed as soon as possible.
• Staff was asked to consider requiring a separation of off -site advertising signs on a single
parcel rather than limiting the number of signs to one on any given site. Concurrently,
staff would need to be cognizant of how such a regulation may impact neighboring
properties erecting the same type of off -site signage.
• The entire commission felt the City should allow one on -site and one off -site sign for
seasonal sales.
• A majority of the commission felt that 95% development build -out should be the threshold
at which an off -site real estate development advertising sign must be removed.
Two members of the public were also present that night to provide the following comments:
• Staff should look back at 2006 Council minutes to see the distinction drawn between a
wayside stand and an open season sales lot at that time. Both uses are desired to be
permitted in the RR zoning district.
• The distinction between a wayside stand and a seasonal open sales lot is that the former
is only allowed to sell on -site grown goods while the latter can sell other types of goods
not produced on -site.
• The City should consider basing the number of off -premises signs on the area being
utilized for growing goods rather than on the size of the parcel (as a ten -acre farm might
use all their land for production but a 50 acre farm might only use 2 acres...why should
the smaller operation get more signage?)
• Preference is to allow for multiple off -site signs.
• The City should explore linking the ability to have an off -site sign to the underlying zoning
classification (i.e. if you are advertising an Agricultural use, the off -premises sign must be
on Agricultural zoned property).
• For temporary off -site seasonal sales signs, the City should have a small renewal fee,
only one fee per year, or no fee at all.
• Staff should give consideration to businesses with multiple selling seasons (flowers in the
spring, pumpkins near Halloween, and Christmas trees in winter) when crafting this
ordinance.
• If the city wants more wayside stand businesses, signage must be allowed.
• Against the off -site development signs.
• Preference would be for a regulation based on square footage rather than number (i.e. a
200 square foot maximum could allow up to twenty 10 sq ft signs).
• Wayside stands and seasonal open sales lots should have allowable on -premises signs.
• Small directional signs should also be allowed.
Staff has taken the above comments and direction into consideration, and has prepared a revised
set of three ordinances for planning commission and public consideration. The three ordinances
are designed to separate the main issues being considered which in turn should help facilitate
overall discussion and allow all issues to be addressed as quickly as possible.
The three draft ordinances prepared for planning commission consideration are:
1. An ordinance to amend general sign regulations;
2. An ordinance to amend agricultural sales uses;
3. An ordinance regulating off -site advertising signs
Whv isn't staff revising the entire sign code at this time? While Council understands staff's
concerns regarding the larger sign code, a majority feels it is critical that these long-standing
issues be addressed immediately. Taking this approach will ensure the City is being responsive
to requests for sign flexibility, and will remove the pressure to complete an entire sign code within
a small time frame.
Will the work being done translate to a fully revised sign code? Yes. Staff has sought to prepare
language in the proposed ordinances that could easily translate into a newly revised sign code.
Do the proposed ordinances address all of the issues raised last November? No. Because this
is only a temporary fix until the sign code is completely overhauled, we did our best to limit our
time investment and have only proposed changes that should not cause any major problems or
deviate significantly from the existing ordinance. Additionally, our proposed changes focus only
on critical needs and the directives of the City Council. 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, we are proposing specific
restrictions relating to the issues we are addressing.
If signs are the Issue being discussed. why are we reviewing an ordinance to amend agricultural
sales uses? The driving factor behind amending the sign ordinance prior to conducting a
complete re -write of the sign code is to address signage requests from local agricultural
businesses and larger developments. The current city code unfortunately has multiple definitions
and terms to describe agricultural uses and businesses. Clarifying this language will allow staff —
under the direction of the City attorney —to craft language which narrowly defines the number and
size of signs allowed for the different agricultural sales uses listed in code.
RECOMMENDATION:
Planning Commission is asked to review the three attached executive summaries and
ordinances, and make recommendations on any needed changes prior to public hearings being
scheduled for a future meeting.
ORDER OF BUSINESS:
- Introduction Ben Gozola, Senior Planner
Report by staff Ben Gozola, Senior Planner
Review of ordinance #1 (4a) Chair Facilitates
Review of ordinance #2 (4b) Chair Facilitates
Review of ordinance #3 (4c) Chair Facilitates
ATTACHMENTS (6):
1. Executive Summary explaining the draft ordinance to amend general sign
administration;
2. Draft ordinance to amend general sign administration;
3. Executive Summary explaining the draft ordinance to amend agricultural sales uses;
4. Draft ordinance to amend agricultural sales uses;
5. Executive Summary explaining the draft ordinance to regulate off -site advertising
signs;
6. Draft ordinance to regulate off -site advertising signs;
ITEM:
REQUESTED BY:
SUBMITTED BY:
REVIEWED BY:
Planning Commission
Date: 4-14-08
Not a public hearing
Item: 4(a)
Consideration of an ordinance to amend the administrative language
governing signs in Lake Elmo
City Council
Ben Gozola, Senior Planner
Susan Hoyt, City Administrator
Kyle Klatt, Planning Director
Jerry F€lla, 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 "severability 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.
Why are these chanaes beina made? Each 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 additional defensibility against legal challenges.
RECOMMENDATION:
Planning Commission is asked to review the proposed ordinance and make a recommendation
on any needed changes prior to the public hearing being scheduled 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
Questions and comments from the public Chair Facilitates
- Call for a motion(s) Chair Facilitates
- Discussion of Commission on the motion(s) 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.
Uo l
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,
151.116 is hereby amended to read as follows:
Section 151.116 PERMIT REQUIRED
(A) All -signs rcquire-aj-sign - orm 'orth-inl-H-51,115 et su No skin shall
be erected. altered, reconstructed. maintained or moved in the city without
first securing a permit from the city. The content of the message or speech
displayed on the sign shall not be reviewed or considered in determining
whether to approve or deny a sign hermit,
(B) Permanent Simns. A sign permit application-eentaining the following
information -shall -be fled -with -the— ity--Planner:To apply for a sitm permit to
allow a permanent sign, a complete application shall be submitted to the City
containing the following:
1.A drawing-ofThep:apo%ksign, or -signs, sit -owing dimensions and
deseribitgrnateri -lettering-sel 1 r > ers; i l
2.Photegrztphs ef-the-building faee-and the building-faces-ef both-adjaeent:
building&
3A-drawing ef'z e-.h iding face -and site plan sh
Pea l3eyeci 4igi : n stay;
4A-c-res, Beet e ro e-building-fa:::: showing how the sign will be attached
and-hoNwfar-i-tivi-ll-extend fror-the-buil41ng,
5. iol..larool-or otherin-hat the -sign of -historical
• i,> a rep -reduction of an historic sigmas appr-epr-iate; and
6.A building -sign -plan -for 0 building with more than 1 u:ra er huLtineerr;
sbewi ng ns
1. Names and addresses of the applicant, owners of the sign, and lot:
2. The address at which the sien(sl are to be erected:
3. The ieval deseriulion of the property on which the signs) are to be erected
and the street on which they are to front:
eation-olLthe
1
4. A complete set of plans 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 pr_oposed sign(s);
5. Type of sign(s) being requested (i.e. wall sign, monument sign, etc.);
6. Certification by the applicant inclicatina the application complies with all
rouuirements of the sign ordinance;
7. The permit fee; and
8. The hollowing if applicable:
a. A permit from either MnDOT or Washington County if the proposed,
sign is along a state highway or county road.
b. A sign plan showing signs for all businesses if the sign is located on a
building with more than one business.
c. Photographs of the building face and the building faces of both
adjacent buildings if the sign is being placed on an existing structure.
d. if replacing a historical sign, pictorial proof or other int:brmation that
the sign is of historical significance or is a reproduction of a historic
sign.
(C1 Temporary Signs. 'fo apply for a nernmit to allow a temporary sign, a
complete application shall be submitted to the City containing the following:
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 materials to he used.
4. A site plan which clearly represents the placement of the proposed sign(s)
on the applicable property;
5. Certification by the applicant indicating the application complies with all
requirements of the sign ordinance;
6. The Hermit fee; and
7. If applicable, a hermit from either MnDOT or. Washington County if the
proposed sign is along a state highway or county road.
(Dl Review. The planning department shall annrove 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 applicant.
The written notice will indicate the reason(s) for denial and a description of
the applicant's appeal rights.
2
Section 2. 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 (13)(1) through (12) and its subdivisions are
restated and incorporated herein without change.
(13) Cwnnutations. Characteristics of signs shall be
calculated in the following manner:
a. Sian Area Measurement,
The area of a sine shall be computed by means
of the smallest rectangle within which a single
Sian face can be enclosed. When a sign has two
back-to-back sin faces containing sine copy,
the sign arca for lust one face is counted toward
the allowed sign area. Poles, bases. and other
supports shall not he included in the sign area
calculation..
b. Sigh IIeight Measurement
The beight of the sign shall be computed as the
vertical distance measured from the average
grade at the base of the sign to the top of the
highest attached component of the sign.
Flaure 2: Sian Height Measurement
Height of sign from average
grade to the sign top
Figure 1: Sian Area
Measurement
CHANNEL
LETTERS.
Width
k — midpoint of
average grade
3
(14) Severability. If anv section. subsection. sentence. clause. or phrase of
this Sign Ordinance is for any reason held to be invalid. such decision shall,
not affect the validity of the remaining_, portions of Ihis..Sign Ordinance. The
City Council hereby declares that it would have adopted 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.
(75) Substitution Clause. The owner of any sign which is otherwise allowed
by this sign ordinance may substitute non-commercial speech liens in lieu of
any other commercial speech sign or other non-commercial speech sign. The
purpose o1'this provision is to prevent anv inadvertent favoring of commercial,
speech over non-commercial speech, or favoring of anv particular non-
commercial speech over any other non-commercial speech. This provision,
prevails over anv more specific provision to the contrary.
Section 3. 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.
4
ITEM:
REQUESTED BY:
SUBMITTED BY:
REVIEWED BY:
Planning Commission
Date: 4-14-08
Not a public hearing
Item: 4(b)
Consideration of an ordinance to amend agricultural business
definitions and regulations
City Council
Ben Gozola, Senior Planner
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 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 are
typically found throughout the City). This effort is intended to simplify the existing agricultural
safes uses into two or three categories, and to ensure those uses are allowed or conditionally
permitted in the proper zoning districts. These clarifications, in turn, can 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 agricultural Goods? 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.
Commercial
Agriculture or
Horticulture:
Common
Gardens
Community
Service
Agriculture
Rural Farm
a
0
(5 ?
e c o.
The use of land or buildings for the sale,
A, RR, OP lease, rental, or trade of products, goods, and
services
Unlisted Common use of land for the production of
trees, vegetables, fruits, and flowers.
Unlisted
A, RR
Suburban Farm A, RR, OP
Floriculture2 OP
Horticulture2 A, RR, OP
Defined as horticulture and floriculture that
serves the local area.
Produce or sell livestock, dairy animals, dairy
products, fur -bearing animals, horticultural
and nursery stock, fruits of all kinds,
vegetables, forage, grains, bees, and apiary
products
Non commercial production of crops such as
fruit trees, shrubs, plants, flowers,
vegetables, and domestic pets.
Cultivation and management of ornamental
and flowering plants
Cultivation and management of trees, plants,
grasses, vegetables, and fruits
Permitted'
U nlisted
Unlisted
Permitted
Permitted
Conditionally
Permitted
Permitted'
' Agriculture is currently permitted in the A, RR, and OP 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.
Open Sales
Lots
Seasonal Open
Sales Lot
A
Wayside Stand OP
O w
a.
Sell, rent, lease or trade goods from an open
lot. No goods may be enclosed within a
building.
Sell agricultural and horticultural products
produced on the premises in an open field Permitted
(no goods within a building).
Sell goods produced by the operator of the
stand on -site or on other property in LE.
Goods must be sold from a structure.
Conditionally
Permitted
What types of operations currently exist (or have historically been used) in Lake Elmo? For the
purposes of this initial discussion, staff suggests 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
trees, shrubs, plants, flowers, and vegetables (essentially the definition of "suburban
farm" less the provision for breeding domestic pets).
3. Seasonal Sales Businesses — a permanent operation for the on -site sale of
agricultural products produced on the site.
4. Wayside Stands — temporary sales of agricultural products on private property
typically from the back of a truck (Le. sweet corn sales).
Given the above information, what kind of changes is staff recommending? 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. Additionally, both uses are arguably already defined under other terms.
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
agriculture, horticulture, and floriculture products can be sold; and those terms can
be defined as permitted or conditionally permitted to determine where sales can and
cannot occur.
3. A new Seasonal Agricultural Sales definition should be added. This new
definition can define the permanent yearly businesses that sell agricultural,
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 pumpkins, and winter Christmas trees).
4. Seasonal Agricultural Sales businesses should be classified as a conditionally
permitted use. While historically treated as a permitted use, staff would recommend
the City treat these types of businesses as conditionally permitted given the many
impacts that can be created depending upon the scale of the operation (i.e. traffic,
parking, noise, etc).
5. The definition for Wayside Stand should be adjusted. 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).
6. The term "Seasonal Open Sales Lot" should be eliminated. It would instead be
replaced by either "seasonal agricultural sales" or "wayside stand" depending upon
the type of business and/or its location.
RECOMMENDATION:
Planning Commission is asked to review the proposed ordinance and make a recommendation
on any needed changes prior to the public hearing being scheduled 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
Questions and comments from the public Chair Facilitates
Call for a motion(s) Chair Facilitates
Discussion of Commission on the motion(s) Chair Facilitates
Action by the Planning Commission Chair & Commission Members
ATTACHMENTS (1):
1. Draft ordinance to amend agricultural business definitions and regulations.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-
AN ORDINANCE TO AMEND AGRICULTURAL BUSINESS DEFINITIONS
AND 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 definition:
"Seasonal Agricultural Sales"- The retail sale of fresh fruits. vegetables, flowers, herbs,
trees. or other agricultural, floricultural. or horticultural products produced on the
"remises. The operation may be indoors or outdoors, and may involve accessory sales of
tmnrocessed foodstuffs: home processed food products such as lams, iellics, pickles.
sauces: or baked goods and horne-made handicrafts. The lloor area devoted to the sale of'
necessary items shall not exceed 25,,,percentof the total sales area. No conuuercially
packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as
accessory items.
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 or sale -of livestock, dairy animals, dairy products, fur -
bearing animals, horticultural and floricultural nursery stock, fruits of all kinds,
vegetables, forage, grains, bees, and apiary products.
L. omnwn Gardens" Land used-by-residents-of-adevekrpment-feet] preductlert-of
tree:', vegetable: ; l uitsra ,d-flowers
"Cam -amity -St - e-A-griculturell 1=lecticalture-and-florioulture that-serve:r-lhe4oeal
area
"Floriculture" - The cultivation and management of ornamental and flowering plants for
sale -site-from--a-wayside-stand.
"Horticulture" - The cultivation and management of trees, plants, grasses, vegetables,
and fruits -for -sale -en -site fern-a-wzy�side-stand.
"Wayside Stand" - A temporary structure or vehicle used for the seasonal retail sale of
agricultural goods, floriculture, and/or horticulture produced by the operator of the
wayside stand on -site or on other property in Lake Elmo.
Section 2. 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) Farm. suburban or rual; Gomtnereial-agr ufk+fe-and-hor-ticultufrt
(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.
(8) Wayside stands provided they not operate anv more than three (3) days
any seven (7) day period; Seucoaal opal; sale -a )ots fov-agricultural and
heftietrlt-aral-produe s Heed-en-the-preinlses;
(9) Piek-yet-own-or cut your own#ype-sa-tewopexetions- e >duets-grewri-ea
the-prcmisest-aud
(40)—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;
2
(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;
(6) 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
(8) Seasonal aericultural sales businesses.
Section 3. The City Council of the City of Lake Elmo hereby ordains that Section
154.036 (Rural Residential Use Regulations) subsections (A), (B) and (C) are hereby
amended as follows:
(A) Permitted uses and structures.
(a1) One -family residential dwellings (also see §§ 154.091 and 154.105); and
(h2) Farm, suburban or rural within the limits defined in the performance
standards for livestock.
(3) Wayside stands provided they not operate any more than three (3) days in
any seven (7) day period:
(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.
Kennels;
Open space development as regulated by §§ 150.175 et seq.; and
Home occupations.
Seasonal aericultural sales businesses,
3
Section 4. 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) AuricultureAgrienitural;
(5) Suburban FarmsCooperativc gardening;
_(6) lIeHicukural and--lericuhwe-seiwee
(76) Private stables;
(g7) Single-family, attached;
(98) Townhouses (no more than 25% in any development); and
(409) Wayside stands provided thcv not overate anv more than three (31 days in
anv seven (71 clay period.
(B) Accessory uses. Uses that are typically found accessory to a permitted use.
(C) Prohibited uses. All other uses are hereby prohibited.
Section 5. 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
4
ATTEST:
Susan Hoyt
City Administrator
This Ordinance No. was published on the day of , 2008.
Planning Commission
Date: 4-14-08
Not a public hearing
Item: 4(c)
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 Filia, 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 Planning Commission meeting:
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 Seasonal 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
95°/o 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 one off -site advertising sign;
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.
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 seasonal sales and real estate development, but does not allow other businesses to use off -
site advertising signs, its regulation could be challenged by other businesses as being
unconstitutional because they would be denied equal protection of the law. To address this
issue, it is recommended that the City 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. The attorney warns that the City still could be subject to some risk of
litigation, however, he could find no case law to support the view that maintaining the rural
character of a city is not a significant government interest.
How does this ordinance change regulations aoverninq signs for Seasonal Agricultural Sales?
First and foremost, such businesses would now be allowed to have signs under the proposed
ordinance (current code contains no 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 is proposed to limit the overall size of
any given sign. And finally, each business would be allowed to have one off -premises advertising
sign 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 chance reaulatlons aoverninq sians for developments of ten or more
lots? Such developments would now be able to have one (1) off -premises advertising sign in
addition to the on -premises sign(s) allowed by code. Staff is recommending a number of
conditions be met for off -premises signs (identical to those governing off -premises signs for
seasonal agricultural sales businesses). The requirement that a development have ten or more
units to be eligible for these signs is in current code, but ifs currently misplaced in the definitions
section. This ordinance would move the requirement to a proper place within the sign code.
Does this ordinance now allow wayside stands to have sians? Yes. Wayside stands, under the
proposed ordinance, could have a sign up to 32 square feet in size without a permit during the
stands time of operation.
Does this ordinance reauire 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 one
sign 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
unfortunately not identified in code.
How did staff arrive at the or000sed sign size restrictions. and what is VRT again? 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
25
seconds on a 40 mile per hour road. If the sign were increased to 126 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.
MPHVRT (seconds) Sign Size (ft21
4 _ 12.5
5 20
8 50
10 78
4 32
40 5
8
50
128
10 200
4 60.5
55 5 95
6 242
10 378
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 maior issues that arose in late March. does this revised ordinance
contain any other maior changes? No; although staff did amend the approach to allowing off -
premises advertising signs. You may recall that the draft ordinance in late March used the
existing code's temporary sign provision as the mechanism for allowing off -site advertising signs.
This ordinance places the provisions for off -site advertising in their own sections, and limits all
temporary signage to an on -site location.
RECOMMENDATION:
Planning Commission is asked to review the proposed ordinance and make a recommendation
on any needed changes prior to the public hearing being scheduled 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
Questions and comments from the public Chair Facilitates
Call for a motion(s) Chair Facilitates
Discussion of Commission on the motion(s) Chair Facilitates
Action by the Planning Commission Chair & Commission Members
ATTACHMENTS (1):
1. Draft ordinance to amend sign regulations.
N�•
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 sueech sign which directs the attention of the public
to a business, activity conducted, or nroduct 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 he deemed au off -premises sign.
"On -premise sign" — a sign which identifies or advertises an establishment, person,
activity, goods, 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, 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 subiect to all removal
reuuirements outlined in code.
"Sign, Seasonal Agricultural Sales" — A sign placed on a lot or parcel of land advertising
an operating and permissible seasonal agricultural sales business, #iwr-a-pxriod-not-te
exceed 3l'�sayn out-e€-any 12 month period. No sign -permit fee is -requited:
"Sign, Wayside Stand"— A sign located on a temporary structure or vehicle being used to
sell agricultural, floricultural, or horticultural products.
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:
Signs have an impact on the rural character and quality of the environment in Lake Elmo.
They may attract or repel the viewing public and affect the safety of vehicular traffic. As
a rural community, Lake Elmo is unique. The proper control of signs is of particular
1
importance because of this rural quality and uniqueness. Signs should be kept within
reasonable boundaries consistent with the objectives and goals of the community to retain
its special character and economic advantages which rest in part on the quality of its
appearance. The following standards in the section are adopted to regulate signs.
Section 4. The City Council of the City of Lake Elmo hereby ordains that Section
151.118 subsection (B)(5) regarding temporary signs is hereby amended to read as
follows:
(E3) (5) Temporary signs. Temporary signs may be allowed upon issuance of a
permit for on -site acvertisin u of special business events such as lxisinese
openings and closings, change in management, district w $Rg-eveate,
sales events. or other special occasions, (Or 15 days -maximum No more than
four temporary sign permits may he issued in any calendar year for a given
destination. and each temnorary sign permit shall run for 15 days, by-per-mit
-from th r ann cr. The-eity may grantfrpefn$t-te-locate digits of
dec-erat s en-uver, erwait1 in -the- fight-ef way for a-speeif-ied-perted-of-tirne:
Temporary signs shall be suhiect to the following regulations:
a. Only one on -premises temnorary sign shall be allowed per business or
event.
b. Temporary signs shall not exceed 32 suture feet in area and shall not be
taller than 10 feet in height.
Section 5. The City Council of the City of Lake Elmo hereby ordains that Section
151.119 subdivision (B) is hereby amended to read as follows:
Current Section 151.1 19, subdivision (B)(11 through (81 and its subdivisions are restated and
incorporated herein without change.
(9)
Real estate development project advertising signs.
a. On -Premises. On premises real estate development proicct advertising
signs may be used if the following reuuiretnents are met:
1. Minimum Development Size:
-i. Projects of 3 teless 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 -project site;
;Mi. Projects of 26 through 50 acres which create ten or more
dwelling units are allowed 1 or 2 on-nremises signs not to
2
exceed 200 aggregate square feet of advertising surface on
the project site; and
iii. 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.
2. On -premises sign requirements:
b i. No dimension shall exceed 25 feet exclusive of supporting
structures.
ii The sign shall not remain after 95% of the project is
developed.
The permit for the sign must be renewed annually by the
Council.
e4v. All signs shall be bordered with a decorative material
compatible with the surrounding area.
by. 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. Off -premises. An off -premises real estate development nroiect
advertising. sign may be used if the following requirements are met:
1. Minimum Development Size. Proieets creating ten or more
dwelling units are allowed to have one off -premises sign to
identify the location of the development.
2. Off nremises sign requirements:
i. An off -site real estate development nroiect advertising sign
shall not exceed 50 square feet in area and shall not be taller
than 10 feet in height
i i.. Off -premises signs shall be a minimum of 25' from all side
property lines, and a minimum of 50' from other off -
Premises advertising signs;
iii. Applicants for off -premises signs shall acquire permission
from the property owner upon who's land the sign is to be
erected.
3. Tuning of Required Removal. An off premises real estate
development advertising sign shall be removed once 95% of the
project is developed„
f9) ,Seasonal agricultural sales advertising signs.
a. On -Premises. On -premises seasonal agricultural sales advertising signs
may be used subject to the following requirements:
1. Acreage dedicated to agricultural production:
Seasonal agricultural sales businesses utilizing less than 10
acres of land specifically for the growing of agricultural
goods for the business are allowed l on -premises sign not to
exceed 32 gross square feet of advertising surface;
Seasonal agricultural sales businesses ulilizingmorc than 1.0
acres of land but less than 40 acres of land spcci fically for the
growing of agricultural goods 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):
Seasonal agricultural sales businesses utilizing more than 40
acres of land specifically [Or the growing of agricultural
goods for the business are allowed 1 , 2 or 3 on -premises
signs not to exceed 64 aross square feet of advertising
surface (with no sign exceeding 32 square feet in size):
2. On -premises sign'reuuirements:
._. No dimension of any sion shall exceed 15 feet exclusive of
supporting structures.
ii The_permit for the sign must he renewed annually by the
Council.
All signs shall be bordered with a decorative material
compatible with the surrounding area.
iv. Ankilluminated sip shall be illuminated only during those
hours when business is open to the public for conducting
business.
b. Off -premises. An off -premises seasonal agricultural sales advertising
sign may be used if the following requirements are rnet:
4
1. Maxinn.un Number. Every seasonal agricultural sales business
shall have no more than one off -premise;., sign to direct the public
to the location of the business.
2. Off -premises sign reauirernents:
i. An off -site seasonal agricultural sales advertising sign shall
not exceed 50 square feet in area and shall not be taller than
10 feet in height;
ii. Off -premises signs shall be a minimum of 25' from all side
pro ertylines, and a minimum a f 50' from other off
premises advertising signs:
Applicantsfor off -premises signs shall acquire permission
from the property owner upon who's land the sign is to be
erected.
3. Temporary use, An off -premises seasonal agricultural sales
advertising sign may he erected for a 45-day time period no more
than lour times in ay.given calendar year. T'he required yearly
permit. shall stipulate the range of dates for each ol'the liner
allowable time periods.
(10) Wayside Stand sign. Temporary wayside stands pernutted by code may
have one non -illuminated sign (exempt from permitting renuiremcnts) not to
exceed 32 gross square feet of advertising surface.
(11W)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
(124-)No 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
5
ATTEST:
Susan Hoyt
City Administrator
This Ordinance No. was published on the day of , 2008.
#cm EF
L.E City ofLake Elmo
EL pri 0 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
Www.LakeElrno.Orq
NOTICE OF MEETING CANCELLATION
The City of Lake Elmo
Planning Commission meeting scheduled for
Monday, April 28, 2008, at 7:00 p.m.
HAS BEEN CANCELLED
Due to a lack of agenda items.
Please contact the Planning Department at City Hall with any questions.
r �
L.u.KE air EF
City of Lake Elmo
EL "I I 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
Www.LakeElmo.Oro
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, April 14, 2008, at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. March 24, 2008 (to be distributed prior to meeting)
4. Consideration of three separate ordinances to address sign related issues currently
before the City:
a. Sign Administration
b. Agricultural Business Definitions and Regulations
c. Off -site advertising signage
5. Other Business
6. Informational Items
a. City Council Updates
i. April 1 — City Council
1. AUAR Development Scenarios
2. 7934 Hill Trail Septic System Variance
7. Adjourn
A