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