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ITEM 2.1VrEM 2-1 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.(5840 Facsimile: 763.427.0520 TPC@PlanningCo.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 9 October 2012 RE: Otsego — Zoning Ordinance; Signs TPC FILE: 101.01 — 12.05 BACKGROUND The City has initiated a series of meetings with Otsego businesses to develop improved relationships and a better understanding of business needs with the community. Comments from the initial Otsego business group meetings prompted City staff to schedule a meeting to discuss the City's sign regulations, answer questions and receive ideas. City staff met on 10 July 2012 with Todd Rick of Otsego Denny's and Dion Grover of Boondox Grille and Bar, who were among three businesses that responded to the invitation. City staff presented several ideas and issues we had identified with the current Sign Ordinance regulations and heard others from the two businesses as well. This information was summarized for the City Council Administrative Subcommittee, which recommended that the City Council direct the Planning Commission to review the proposed Sign Ordinance changes and proceed with the amendment process. The City Council at their meeting on 13 August 2012 did so act to direct the Planning Commission to consider possible Sign Ordinance amendments in response to comments from the Otsego Business Group meetings and City staff comments. The Planning Commission reviewed the proposed Sign Ordinance issues at their meeting on 4 September 2012 and directed City staff to draft amendments. The Planning Commission will conduct a public hearing to consider the proposed amendments to the Sign Ordinance as outlined here in at their meeting on 15 October 2012. Exhibits: A. Draft Zoning Ordinance amendment ANALYSIS Freeway Corridor District Signs. The majority of the issues raised by area businesses relate to signs allowed within the Freeway Corridor District. The City established the Freeway Corridor District for signs to create a specific set of standards applicable to properties in proximity to the TH 101 and 1-94 corridors to increase visibility of those commercial and industrial sites. Boundaries. The boundaries of the Freeway Corridor District are currently defined as follows: 1-94 Corridor: Land located within two thousand six hundred forty (2,640) feet of Interstate 94 right-of-way. TH 101 Corridor: Land located within six hundred sixty (660) feet of the right-of-way for TH 101 or land within that area between the rights-of-way of Q uad ay Avenue and TH 101 and lands between the rights--of-way of Queens Avenue and TH 101, whichever is more restrictive. The boundaries of the Freeway Corridor District were intended to include those commercial and industrial properties that have an expectation of visibility from the TH 101 or 1-94 corridor either beca use they are directly abutting or in very close proximity to the roadways while maintaining compatibility with surrounding residential areas. There are, however, developed properties that because of their unique location or type of use warrant consideration for being included in the Freeway Corridor District. Queens Avenue. Existing and future industrial uses east of Queens Avenue may benefit from the additional sign area and freestanding sign height allowed with the Freeway Corridor District. As an example, the existing building at 5600 Queens Avenue was more visible to traffic on TH 101 prier to the roadway being u pg rad ed to a freeway (especially for northbound traffic without the bridge passing CSAH 36 over TH 10 1). th Likewise future industrial buildings east of Queens Avenue between 60 Street and 70th Street that abut Queens Avenue should likely also be included in the Freeway Corridor District to promote the City's economic development goals. Uses. There are commercial uses that provide services that appeal specifically to transient traffic on the City's two freeway corridor district and it would be consistent with the City's economic development goals to promote their visibility. This issue is especially applicable along TH 101 where the City has four interchanges that provide convenient access to existing businesses and parcels guided for future commercial development. An example of this situation is the Holiday Gas station located at CSAH 39 and CSAH 42 that is not included in the freeway corridor district but that provides goods and services sought by traffic on 2 TH 101. City staff recommends that the definition of the boundary of the Freeway Corridor District be revised to make allowance for these motor oriented uses that would include the City's major commercial developments or other areas guided for commercial uses. Sign Height, The Freeway Corridor District includes allowance for signs with an area of 200 square feet and up to 50 feet tall to be erected so as to be visible from TH 101 or 1-94. The height of the freestanding sign as currently allowed in the Freeway Corridor District was established with an amendment based on the expected design of the overpass at TH 101 and CSAH 39. The allowed 50 foot height of the sign was believed to be sufficient to allow a freestanding sign adjacent to the TH 101 overpass to be visible even if there was a semi- tractor/trailer crossing the bridge. However, changes to the design of the overpass during construction increased the height of the bridge such that signs on adjacent properties may not be as visible as intended. City staff recommends that the Zoning Ordinance be amended to increase the allowed height of the signs within the Freeway Corridor District by measuring 20 feet above the deck of the closest interchange for properties at an elevation below that of TH 101. City staff will rely on either the development grading plan or existing topography data that the City has for its entire area to determine allowed physical height of the sign while capping the maximum height at 70 feet, whichever is less. The proposed amendments applicable to the Freeway Corridor District outlined above are reflected in the proposed language included in the draft Zoning Ordinance amendment. Freeway Corridor District Area Identification Signs. Approvals for the Waterfront East and Great River Center PUD Districts included provisions for consolidation of freestanding business identification signs for uses within those developments on a sign located directly adjacent to the TH 101 or 1-94 corridor even for those lots not abutting the roadway. City staff has been discussing the idea for similar signs to be erected at the north and south gateways to Otsego along TH 101 and 1-94 in partnership with surrounding businesses to identify of the individual uses, promote the collective commercial area and strengthen community identity. These discussions are ongoing as to implementing this concept but City staff recommends provisions be made within the Sign Ordinance now to accommodate this type of sign either as may be located by the City or as a privately initiated action. Multiple Use Signs. Similar to the idea of a shared sign for the community gateways along TH 101 and 1-94, there may be opportunities where adjacent commercial properties either within or outside of the Freeway Corridor District would agree privately to partner on location of a sign for their respective businesses. In that such a sign would reduce the total number of individual freestanding signs, the flexibility of such an 3 arrangement should be encouraged. City staff recommends language be added to the Sign Ordinance to allow separate businesses on adjacent lots to collocate on a single freestanding sign that is accessory to each use. Secondary Freestanding Signs. Many of the City's commercial properties abut an arterial roadway but are accessed from local commercial streets. The Sign Ordinance currently allows only one freestanding sign per property which causes businesses to choose between erecting a tall sign visible from the major roadway or a sign located to provide a directional function at the site entrance in addition to business identification. The City has approved signage plans as part of Planned Unit Development Districts (Holiday Inn and Great River Centre) that make accommodation for both a tall freestanding sign for business identification and a smaller, lower freestanding sign for directional aid. City staff is recommending that the allowance of secondary directional signs be expanded to business and industrial property to include a smaller secondary sign located at the business entrance and limited to 64 square feet and a height of 15 feet. Additional Signs. Businesses such as Denny's have utilized multiple small signs for advertising purposes and the Otsego businesses requested that signs such as these be allowed. Because of the signs limited area and height, they are not visible to traffic much beyond that directly adjacent to the site and thus do not create a significant distraction for drivers. Furthermore, having these signs located on the private property prevents any conflict with the City's or County's) use of its right-of-way. City staff has included language as part of the draft Sign Ordinance amendment that such signs are to be allowed provided that they are limited to four square feet, three feet in height and spaced 15 feet apart. Illumination. LED lighting technology is being expanded into use for illumination of static message signs as allowed by the Zoning Ordinance. As evidenced by at least one application in Otsego, the intensity of the LED lighting can be a concern for driver distraction and aesthetic compatibility. As such, City staff recommends brightness standards be adopted as part of the Sign Ordinance applicable to all signs within the City. RECOMMENDATION City staff recommends approval of the ordinance amending the Sign Ordinance in the form attached hereto. 4 POSSIBLE ACTIONS A. Motion to recommend City Council approval of an ordinance amending the Sign Ordinance in the form attached hereto. B. Motion to recommend the City Council not amend the Sign Ordinance as proposed. C. Lori Johnson, City Administrator Tam Loff, City Clerk Andy MacArthur, City Attorney 5 ORDINANCE NO.: 2012 -XX CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE REGARDING SIGNS. THE CITY COUNCIL OF THE CITY OF TSEGO DOES HEREBY ORDAIN: Section 1. Section 20-37-3.1-1 of the City Code is hereby amended to read as follows: H. Illumination: 1. Illuminated signs shall comply with Section 20-16-10 of this Chapter and shall be shielded to prevent lights from being directed onto residential property, or at oncoming traffic in such brilliance that it impairs the vision of the driver. Nor shall such signs interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets and highways. 2. No sign may be illuminated in anyway so as to exceed a maximum intensity of five thousand5.000) NITS during daylight hours or five -L -hundred .(Soo ) NITS from sunset to sunrise measured at the siqn face at maximum brightness. 3. Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. 4. All signs installed after [EF ECTIVE DAT-El-ahall be equipped with a mechanism that automatically adjusts the brightness to ambient lightinq conditions to conform to the reauirements of this Section. 5. The owner of any illuminated sign shall provide certification as to comoliance with Section 11-23-3. H.2 and 3 of this Chapter to the City uDon re nest by the Zoning Administrator. Section 2. Section 20-37-5.0 of the City Code is hereby amended to read as follows: C. Business and Industrial Zoning Districts as defined by Section 20-50-1 of this Chapter. 21. The total area of all signs displayed on a lot shall not exceed fifteen (15) percent of the total building 1fagade fronting not more than two (2) public streets. 32. Freestanding. Not more than one (1) double -sided freestanding sign. Sign a rea may not exceed one hundred (10 0) square feet each side with a ��s--VVI+I,iII ayr-tant th;4tf:%1- fhe maximum height of twenty (20)feeLfVIF.I III I F41 t rl n _Iq r4:1 Urpinuipw Cnr-ricinr D'Or'nt thr% a shall not exce r4 fule huncired fp of � a h !z id ith a maximu Ot nf fiftu ��j-f-oot ILI IL WI I i I LLY 1 %1 %-' % - 43. Wall, Canopy, or Marquee. Wall, canopy, or marquee signs shall be permitted on one (2) facade fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two (2) facades fronting a public street with the area of individual signs n ot to, exceed one hundred square feet Uh1�%.4fL i 4WMVI WIZ1WIitLI JI - 1 1,1 ALQ1 I Carrocinr niczfriats th,e are of sicins- install M thin fpopria- V a t inv a in in ri ILL V V W h, incirpri-MM sal lare feet. I I %A I I %A I %.R %A \L A- %-F Xd I %­ff %1 " Lwq I %-F 54. Multiple Principal Buildings and Multiple Tenant Buildings. When property is developed with two (2) or more principal buildings on one property or a principal building has more than (2) tenants each with an exclusive exterior entrance, signs shall be allowed subject to review and approval of the Zoning Administrator based upon the following requirements: a. A comprehensive sign plan is submitted that includes all of the following information: A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs and any other physical features of the area included within the proposed comprehensive sign plan. (2) Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy or marquee signs. (3) To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors and means of illumination if any). (4) No permit shall be issued for a new or replacement sign for an individual use except upon a determination by the Zoning Administrator that it is consistent with the approved comprehensive sign plan for the site. b. One (1) temporary sign as provided for by Section 20-37-4.C.6.a of this Section shall be allowed for each tenant provided that only one (1) such sign per property is displayed at any time. 5. Adjoining Properties: Separate commercial and industrial uses on adjoiniu. es with a common lot line may each locate a sign "roperti ===e ---on one (1) freestandina structure subject to approval bv thLe Zoning Administrator, provided that: a. The area of each of the individual business simns, shall be consistent with the apalicable district grovisions in Section 20-37- 5.0 of this Chapter. b. The height of the freestanding sian ma v be increased by ten 10 feet above the aE2plicable district provisions in Section 20-37-5.0 of this Chapter. C. The maximum number of signs displayed on a single structure is two.2) signs. -L d. No additional freestanding.abns shall be displayed on the individual properties except secondary freestanding signs as may be allowed by Section 20-37-5.C.6 of this Chapter. e. An aareement addressing construction, maintenance, and repair responsibilities and access rightsis established and filed with the Wright County recorder against the titles of the two (2) properties involved in the collocated freestanding sign prior to issuance of a sign permit. Amendment or cancellation of thea reement shall be allowed oral y=gpon written approval bv the Zoning Administrator. I 6. Additional Signs: a. One M nrlditional double sided freest andin"si n shall be allowed for lots abutting an arterialorcollector street but to which there is no drivewav access subiect to the followln (1) The sign shall be located in a yard abutting the street to which the lot has access. (2) The maximum area of the sta shall be sixty four (64) square feet. (3) The maximum habht of the abn shall be fifteen (15) feet. b. Additional double sided sign(s) shall be allowed sub ject to the f o I I o&LnZ. (1) The maximum area of the siga shall be four (4) square feet. .(2) The maximum height of the *g=n shall be three (3) feet. (3) The signs shall be setback a minimum of ten (10) feet from front and side lot lines ands aced a minimum of fifteen feet between signs. a In te) tho c1rinc ,zlinutod hu-Qizatin -27-J r- I thmugh i5 thW%_4P'Oict rIIhQiMr__ -t;nn_One (1) sign shall be allowed on a temporary %.11SW basis subject to the following provisions: The area of the sign shall not exceed thirty-two (32) square feet. b -.Q Freestanding signs shall not exceed a maximum height of eight (8) feet. The sign shall be displayed for not more than twenty-one 21 days days within one (1) calendar year, except by interim use permit. Section 2. Section 20-37-6 of the City Code is hereby amended to include the following provisions: 4 F Freeway Corridor District. lyses within business and industrial districts located within the Freeway Corridor District defined by this subsection shall be allowed the followin _sins: 1. Boundaries: a. 1-94 Corridor- The Freewav Corridor District surroundin the 1-4 corridor shall include those arcels located within two thousand six hundred forty (2.,640) feet of the 1-94 right-of- way.. b. TH 101 Corridor: The Freeway Corridor District surrounding the TH 101 corridor shall include thoe parcels meetina�at bast one 1 of the following criteria: 1) Land located within six hundred sixty (660) feet of the richt-f-way for TH 101 or land within that area between the rights-of-way of Quaday Avenue and TH 101 and lands between the riQhts-of-way of Queens Avenue and TH 10 1, whichever is more restrictive. Those lots abutting the east right-of-way line of Queens Avenue between 53rdStreet LQSAH 3 and 7 Street CSAH_37 . 3 Those lots level ed with convenience food, hotel motor fuel and restaurant uses located between the rights of way TH 101 of Parrish Avenue River Road and +uaday Avenue west of TH 101 or located between the richt of war of River Road and Queens Avenue east of TH 10 1. . The total area of ,all signs displayed on a lot shall not exceed fifteen (15) percent of the total building fa ade fronting not more than two ,R) -public streets. 3. Freestanding. a. One 1 double -sided freestandinq sin sub'ect to the following: (1) The maximum area of the sign shall be two hundred (200) square feet each side. (2) The maximum height of the sicin shall be.s (a) Fifty (50) feet.- or, Seventy (70) feet or twenty (20) feet above the elevation of the nearest interchange with TH 101 for properties with an elevation below the elevation of TH 101 measured at the centerline of the right-of-wav perpendicular to the gg=n location, whichever is less. b. One (1) additional double sided freestanding sign-subiect to the following: The sign shall be located in a yard abutting the -street to which the lot has access. (2) The maximum area of the §jgn shall be sixtv four (Q4 scivare feet. (3) The maximum height o- the sign shall be fifteen (1 51 feet. 4. Wall, Canopy, -or Mar uee. a. Wall, canopy, or marquee sign(sA shall be permitted on one (I.) facade, except in the case of a corner lot or through lot where wall signs mart be installed on two (2) facades. b. The area of individual signs shall not exceed two hundred (200) square feet. 5. Area Identification Sians: One (1) sign located in a and abWMg the TH 101 or 1-94 rights-of-way shall be allowed for a minimum of three (3) or more lots all of which are located within the Free"a Corridor District provided that: a. The sign is allowed in lieu of individual signs as provided for by Section 20-37-6.F.3.a of this Chapter. b. The maximum area of each sign shall not exceed three hundred twenty (320) square feet. C. The maximum haLght of the n shall be: -�j� (1 ) Fifty (50) feet; or., (2) Seventy (70) feet or twenty (20) feet above the elevation of the nearest interchange with TH 101 for properties with an elevation below the elevation of TH 101 measured at the centerline of the right-of�M peroendicular to the sbn-location, whichever is less. C. Signs shall be located on outlets or within -private easements of sufficient size and area to accommodate said structure. d. An association or other form of deed restriction and ownership deemed acceptable by City Attorney and recorded with the title of each prWerty within the d -a �inated area prior to issuance of a sign permit shall be required, which shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities and other costs associated with the sign(s) and the outlot upon which it is located. The association rules or bv-laws, or similar legal document, shall specify how the aforementioned sian responsibilities will be delegated and paid for, Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22nd day of October, 2012. 7 CITY OF OT, EGO Jessica L. Stockamp, Mayor ATTEST: Tauri Loff, City Clerk