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HomeMy WebLinkAbout7.a. Sign Ordinance Amendment � CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: February 16, 1999 AGENDA ITEM: Zoning Ordinance Text Amendment for signs AGENDA SECTION: New Business PREPARED BY: Dan Rogness, Community Development Dir. AGENDA NO.• � �� , ATTACHMENTS: Revised Zoning Ordinance Text Amendment, APPROVED BY: ,_/7`/4`' Planning Commission Minutes (1-12,26-99) Applicant: Ron Kraus of Kraus Foods (new owners of Dairy Queen) Location: This amendment will result in a sign on the old Tom Thumb site - 15040 Canada Ave. However, all Commercial properties will have the option of having an off-premises sign serving a nearby business. SUMMARY This amendment to the sign ordinance will focus on the Business Park, Commercial and General Industrial applications. The development signs will be dealt with in a separate discussion at a later time. It is obvious that the issues are different, and Mr. Kraus is entitled to an expeditious conclusion for his application. The sign ordinances of all adjacent communities have been examined as a first step. Only Burnsville had an example of an off-premises sign provision that was applicable to the situation. Savage had a similar approach, but the ordinance language was not immediately available. Apple Valley and Eagan regulate their signs through their city codes instead of zoning ordinances. Other ordinances (including Rosemount's) treated off-premises advertising signs as billboards. This is why the term advertising was avoided and `directional' was substituted. Because of the objection regarding arrows and other graphic devices, the term off-premises business sign shall be used with a definition. PLANNING COMMISSION PUBLIC HEARING Beginning on January 12th and again on January 26, 1999, the Planning Commission conducted a public hearing as required for the proposed amendment. Both public hearings illuminated concerns regarding arrows and the distance criteria for the business utilizing the off-premises sign. The Planning Commission was also concerned that only one such sign be allowed per site. The attached revised ordinance takes into account all of the concerns that were identified. COMMITTEE OF THE WHOLE The City Council discussed the pending ordinance amendment and indicated a lack of support based upon a potential proliferation of off-premise signs. The amendment contains no assurances that a business would be precluded from having off-premises business signs on multiple sites. Staff was directed to prepare a motion to deny the zoning text amendment application. RECOMMENDED ACTION: Motion to deny an amendment to the sign ordinance which�vill permit off-premises business signs in the Commercial, Business Park and General Industrial Districts due to the lack of evidence that additional signage is warranted and the potential for multiple off-premise signage. CITY COUNCIL ACTION: City of Rosemount � Ordinance No. B- ��� T AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZOINING ORDINANCE THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: ' SECTION 1. Section 10.1.B. "Definitions" Ordinance B, City of Rosemount Zoning Ordinance, adopted September 19, 1989, is hereby amended to include: 10.1.B. OFF-PREMISES Any sign that directs attention to the name of a BUSINESS SIGN: business not located on the premises on which such sign is located. An off-premises business sign is part of an on-premises free-standing sign and is not considered an advertising (billboard) sign. SECTION 2. Section 10.2.E. "Signs Allowed by Permit in Commercial and BP Districts" Ordinance B, City of Rosemount Zoning Ordinance, adopted September 19, 1989, is hereby amended to include: 7. Off-premises business signs provided each sign meets the following standards: a. Only one off-premises business sign shall be allowed on an on- premises free-standing sign; no off-premises business signs shall be allowed as wall signs. b. The maximum allowable area of the free-standing sign shall not be increased by the addition of the off-premises business sign. c. No more than fifty percent (50%) of an on-premises free-standing sign or forty (40) square feet, whichever is less, may consist of an off- premises business sign. d. No off-premises business sign shall be located further than one- thousand feet (1,000') as measured from the off-premises sign to the closest building point for the advertised business. e. The off-premises business sign shall only identify the business being advertised with the corresponding business name and/or logo without the use of directional words or symbols. f. The off-premises business sign shall be constructed of comparable materials as the on-premises sign with identical lighting for both sign areas. g. The business that is identified on the off-premises business sign shall be located within the same land use district as identified in the city s comprehensive plan. h. No part of an off-premises business sign shall be a reader board sign. SECTION 3. Section 10.2.F. "Signs Allowed by Permit in IG Districts" Ordinance B, City of Rosemount Zoning Ordinance, adopted September 19, 1989, is hereby amended to include: 6. Off-premises business signs provided each sign meets the following standards: a. Only one off-premises business sign shall be allowed on an on- premises free-standing sign; no off-premises business signs shall be allowed as wall signs. b. The maximum allowable area of the free-standing sign shall not be increased by the addition of the off-premises business sign. c. No more than fifty percent (50%) of an on-premises free-standing sign or forty (40) square feet, whichever is less, may consist of an off- premises business sign. d. No off-premises business sign shall be located further than one- thousand feet (1,000') as measured from the off-premises sign to the closest building point for the advertised business. e. The off-premises business sign shall only identify the business being advertised with the corresponding business name and/or logo without the use of directional words or symbols. f. The off-premises business sign shall be constructed of comparable materials as the on-premises sign with identical lighting for both sign areas. g. The business that is identified on the off-premises business sign shall be located within the same land use district as identified in the city s comprehensive plan. h. No part of an off-premises business sign shall be a reader board sign. SECTION 4. This ordinance shall be effective immediately upon its passage and publication according to law. Ordinance No. B- ENACTED AND ORDAINED into an Ordinance this 16th day of February, 1999. CITY OF ROSEMOUNT Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Published in the Rosemount Town Pages this day of , 1999. Planning Commission Regular Meeting Minutes January 26, 1999 suant to due call and notice thereof, the Regular Meeting of the Plannin mmission was duly on Tuesday, January 26, 1999, immediately following a wo ession on development of the Kelle st property. Chairperson Bill Droste called th eeting to order at 7:08 p.m. with members Mar ettignies, Jay Tentinger, Kim Sh - orrigan, and Jeffery Weisensel present. Also in attendanc ere City Administrato om Burt, Community Development Director Dan Rogness, City Pla 'ck Pear , Civil Engineer poug Litterer, and Intern Jill Hutmacher. Mr. Pearson requested agenda ' m 4-Department ncements be amended to include the Saturday tour concernin e Kelley Trust development. were no other additions or corrections to the a da. Due to ate start, Chairperson Droste moved agenda items 3 through 6 to llow the public h " gs. Public Hearing: Zoning Ordinance Text Amendment - Signs Chairperson Droste opened the public hearing on the Zoning Ordinance Text Amendment, continued from January 12, 1999. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the revised amendment to the sign ordinance,which incorporated comments from the previous Planning Commission meeting. The amendment pertains only to Business Park, Commercial and General Industrial applications. Development signs will be dealt with separately at a later time. Commissioners discussed issues related to the absence of language pertaining specifically to directional signs and clarification as to the point of origin for measuring the distance from the off-premise site. Planning Commission Regular Meeting Minutes January 26, 1999 Page 2 Chairperson Droste opened the floor to the applicant. The applicant had no additional comments. Chairperson Droste opened the floor to the public. Briggs Nanier of CMC Heartland Partners inquired about when the development sign issue would be addressed. MOTION by Tentinger to close the public hearing. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, Shoe-Corrigan, and Weisensel. Nays: 0. Motion carried. Commissioners requested that subparagraph (d) of the ordinance amendment be changed to clarify the measurement to be from the off-premise sign to the closest building point for the � advertised business, and subparagraph (e) be changed to include language prohibiting arrows or other directional language on the off-premise sign. MOTION by Tentinger to recommend that the City Council adopt an amendment to the sign ordinance which will permit off-premises business signs in the Commercial, Business Park and General Industrial Districts, subject to changes to subparagraph(d) clarifying the measurement to be from the off-premise sign to the closest building point for the advertised business and to subparagraph (e) adding language which specifically prohibits arrows or other directional language on the off-premise sign. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe- Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Pu ' Hearin : 2020 om rehensive Guide Plan Chairpers Droste opened the public hearing on the 2020 Comprehensive Guide Update. The recording retary has placed the Affidavit of Publication and Posting Public Hearing Notice on file with City. Mr. Rogness provided back nd information on the com ensive plan update and a general description of the process. Mr. ess requested the lic hearing be continued to the next Planning Commission meeting to revi comm expected from the Metropolitan Council and to discuss in more detail the Mississippi R Critical Corridor chapter. In addition to the written comments included in the E tive Su ary prepared for this public hearing, Mr. Rogness presented comments m Washington Co CMC Heartland Partners, the City of Apple Valley, and Dako ounty. All written comments ere entered into the public hearing record. Ms tmacher highlighted recent changes to the draft plan, includin ousehold/population Planning Commission Regular Meeting Minutes January 12, 1999 suant to due call and notice thereof, the Regular Meeting of the Planning Commission was dul eld on Tuesday, January 12, 1999. Vice-Chairperson Mark DeBettign' called the meetin to order at 6:40 p.m. with members Jay Tentinger,Kim Shoe-Co gan, and Jeffery Weisense resent. Chairperson Droste arrived at 7:00 p.m. Also in endance was Community Developmen irector Dan Rogness. There were no additi s or corrections to the agenda. MOTION by Weisensel to a rove the Decemb 2, 1998 Regular Planning Commission Meeting Minutes. Seconded by ntinger. es: DeBettignies, Tentinger, Shoe-Corrigan and Weisensel. Nays: 0. Motion carrie . D rtment Ann unceme Commissioners noted the actio taken by the Ci ouncil on January 5, 1999 and discussed the issues related to the HRA elopment and Tavem on 1 B iness• om rehensiv Plan U da Mr. Rogness ex ined proposed revisions made to the draft 2020 prehensive Guide Plan based upon p lic comment and staff recommendations. Comments fr the Met Council and Dakota C nty have not yet been received. Ch irperson Droste tabled discussion on the Comprehensive Plan to follow the sc duled public hearing. Public Hearing: Zoning Ordinance Text Amendment - Signs Chairperson Droste opened the public hearing on the Zoning Ordinance Text Amendment. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Rogness presented the application by Ron Kraus, owner of the Dairy Queen, that the sign Planning Commission Regular Meeting Minutes January 12, 1999 Page 2 ordinance be amended to allow an off-premise sign at the former Tom Thumb location. The Dairy Queen wishes to share the allowed sign space with the on-site business. Maturing landscaping has obsured its view from CR 42, and an off-premise sign would allow it to take advantage of CR 42 exposure. Mr. Rogness reviewed the proposed changes to the sign ordinance. Commissioners discussed issues related to the compatability of signs in material, lighting, and design; limitation of the number of off-premise signs allowed on a site; and the maximum distance from the site identified on the off-premise sign. Chairperson Droste opened the floor to the applicant. Ron Kraus explained the need for an off- premise sign and showed examples of signage in Apple Valley. Commissioner Tentinger indicated his preference to limit off-premise signage to advertising only, not directional. Chairperson Droste opened the floor to the public. Jim Lambeth of CMC Heartland Partners, offered his support for off-premise signs. Regarding development signs, he requested the size requirement for signs be determined by location, on-site signage not be reduced by the amount of off-site signage, and location restrictions be expanded to a one-mile radius. Steve Koppel of McDonalds, noted the 2,000' radius would also permit McDonald's to advertise at other locations, and he expressed concern with the city's ability to regulate this type of signage. Brig�s Napier of CMC Heartland Partners requested that CMC be allowed to advertise the Bloomfield development on the Eastbridge property also owned by CMC. �ohn Ursino of Tavern on 42, inquired as to the determination of which business is entitled to the off-premise portion of a sign; he further supported a proposed sign ordinance amendment. MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: Tentinger, Droste, Shoe-Comgan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Commissioners noted their support for an amendment to the sign ordinance,with additional conditions. Development signs are temporary in nature and should be dealt with separately. Regarding development signs, regulations as to maintenance and time restrictions should be Planning Commission Regular Meeting Minutes January 12, 1999 Page 3 implemented and the radius from the development site identified on the off-premise sign should be expanded to one mile. Temporary development signs should be no larger than 100 sq. ft. Additionally, a development should be allowed to be advertised on other property owned by the developer. Regarding off-premise signs in the commercial area, language should be added addressing the compatability of signs in material, lighting, and design, limiting the number of off-premise signs allowed on a site, and limiting off-premise signs to advertising only and not directional. Commissioners recommended the maximum distance from the site identified on the off-premise sign be reduced to approximately 500'-1000' and that the point of reference be defined. The size of the off-premise sign should be equal to or smaller than the on-site sign, the total of which should not exceed 100 sq.ft. Commissioners felt it was necessary to allow public comment on the additional revisions to the sign ordinance as recommended by the Commissioners. MO ION by Tentinger to reconsider the motion to close the public hearing. Seconded by Droste. es: Droste, Shoe-Corrigan, Weisensel and DeBettignies. Nays• ntinger. Motion carried. MOTION by Droste table action on amendment to th gn ordinance until January 26, 1999. Seconded by Weisensel. es: Shoe-Corrigan, We' nsel, DeBettignies, and Droste. Nays: Tentinger. Motion carried. Chairperson Droste reconvened the di s ' n concerning the 2020 Comprehensive Plan Update. Mr. Rogness identified additi al potential change o the Comprehensive Plan. Industrial land use was expanded furthe ast and southwest of the H 42/52 intersection. Additionally, MUSA has been ext ed to the Continental Nitrogen area. rtain areas have been designated to receive sewe water service based upon need. Mr. Rogness iewed the distribution of housing un' and a chart added to the Parks and Open Space Plan. T e being no further business to come before this Commission, upon MOTI by Droste and upon unanimous decision, the meeting was adjourned at 9:10 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary