03-24-1987P L A N N I N G C O M M I Book dopy
C I T Y O F R I C H F
M A R C H 2 4t ~ 1 9 0
7 3 0 P M.
A G E N D A
R O L L C A L L
A P P R O V A L O F M I N U T E S
Regular Planning Commission Meeting of February 24, 1987
Special Planning Commission Meeting of March 5, 1987
Special Joint Planning Commission/Community Services Advisory
Commission Meeting
P U B L I C H E A R I N G S
Item 1~1 Case ~~87-SD-2 Subdivision Request at
7234 14th Avenue South
Item ~~2 Case ~~87-SUP-1 Special Use Permit
6500 Lyndale Avenue South
lendy's Restaurant
N E W B U S I N E S S
Item ~~3 Information Letter ~~15 Discussion Concerning
Proposed Revisions To The
City's Sign Ordinance
Item ~~4 Information Letter ~k16 Planning Commission Bylaw
Approval
Item ~k5 Information Letter X617 Discussion Concerning
Potential Vacation of
Excess Right-of-way at the
Intersections in the
Tingdale Brothers Lincoln
Hills Addition
Item 4~6 Information Letter ;~18 Review of Proposed 1989-
1993 Capital Improvement
Projects
O L D B U S I N E S S
L I A I S O N R E P O R T S
School Board
Community Services Advisory Commission
HRA
City Council
ILN Committee
A D J O U R N M E N T
Page 3
Planning Commission Minutes
February 24, 1987
Commissioner Lunas commented that Cy approving this suCdivision
more problems would Le caused on this lot.
M/Jensen, S/Herr~oldt, to recommend to the City Council to den
the preliminary plat Because a variance has not teen approved and
the lot would he a nonconforming lot.
Motion carried: 8 to 0.
ITEM ~2, INFORMATION LETTER ~~8, REVIEW OF PENALTIES FOR
VIOLATION OF THE CITY'S ZONING ORDINANCE.
Rick Jopke presented the staff report.
He gave a grief summary of the attorneys letter dated February
20, 1987.
A zoning ordinance violation is a misdemeanor and subject to a
fine of $300.00 or imprisonment term of 90 days. A special use
permit condition violation is not a misdemeanor and an amendment
to the ordinance might he considered. The city attorneys felt
that an injunctive type of relief might he better Cecause is
mandates a correction of the problem. A performance bond was
also suggested relating to special use permit conditions to help
people to comply.
Commissioner Herr~oldt inquired who passes or creates an
ordinance to correct this problem. Mr. Jopke stated the City
Council. Commissioner Nerrholdt inquired if the City Council is
aware of this zoning ordinance violation problem. Mr. Jopke
stated that staff had not formally written anything to the
council. Councilman Kirsch stated that the Council receives the
Planning Commission minutes. It was requested that staff make
the City Council aware of the problem. Commissioner Nerrholdt
stated if a new ordinance was created it should include
enforcement as well as penalties.
Commissioner Erlander felt that an injunction would he the hest
penalty. If a condition was violated the person would he in
contempt of court.
Commissioner Jensen stated that maybe it would he helpful to have
the legal staff prepare the different options the city might
have.
Commissioner Kauth commented that a time line should he
estaClished on how many days before the city must take action on
a complaint.
Page 4
Planning Commission Minutes
February 24, 1987
Commissioner Murray stated that a study session with the legalcouncilmightbebestforthissituation.
A tentative date of Play 12th was established for a study sessionwiththePlanningCommissionandtheCityManagerpresent.
ITEM ~3, INFORMATION LETTER #9, CAPITAL IMPROVEMENT PROGRAM,1988-1993
Rick Jopke, presented the staff report.
Don Fondrick, Community Services Director was present to discusstheCapitalImprovementBudgetandtheCapitalImprovement
Program and gave an overview of each.
Commissioner Jensen inquired if there were any major monitorychangestothecapitalimprovementbudget. Mr. Fondrick statedthataquestionmustfirstbeansweredwhethertheitemsintheCapitalImprovementBudgetcouldbeanoperatingfundoraCIBitem.
Mr. Fondrick stated that the frontage road reconstruction was
kept in the CIP, but that because of the freewaystudies beingconductedandtheaffectthefreewayexpansionwillhaveonthefrontageroadsthereconstructionwillbedelayeduntilthe
studies are completed.
Commissioner Jensen inquire how the Planning Commission should
approach changes from the CIB to an operating budget. Mr.
Fondrick stated that staff had to discuss more on the situation.
ITEM ~4, INFORMATION LETTER #10, BYLAWS
M/Erlander, S/tunas to approve the Planning Commission Bylaws as
presented.
Commissioner Herrboldt proposed the following change:
Part I, Section 1. Regular Meetings, reads "Regular
meetings of the Planning Commission shall be on the fourth
Tuesday of each month commencing at 7:30 PM in the council
chambers of the city hall." is proposed to read "7:00 PM"
instead of 7:30 PM.
Commissioners Erlander and tunas withdrew their previous motion.
Page 2
Planning Commission Minutes
March 5, 1987
Motion carried: 7 to 0.
M/tunas, S/Jensen finding the ordina
the right-of-way consistent with the
recommend approval to the City Counc
ordinance providing for the vacation
Street and Sheridan Avenue.
nce to vacate a portion of
Comprehensive Plan and to
it of the transitory
of a portion of Nest 67th
Motion carried: 7 to 0.
Mr. Jopke stated that the Tingdale Brothers Lincoln Hills
Addition subdivision was approximately located from 66th Street
to 70th Street and from Xerxes Avenue to Penn Avenue. If
appropriate lots in the entire subdivision were to have portions
of the right-of-vray vacated a legal description for each parcel
would have to be done. The Planning Commission asked staff to
look into this matter.
ITEM ~2, INFORMATION LETTER ~~13, EXTENSION OF ILN MORATORIUM
Rick Jopke presented the staff report.
Commissioner Jensen was concerned with the height restrictions
for the ILN area and felt the public should be aware that the
city would try to prevent shadows on single family and two family
dwellings during certain time of the day.
Mr. Jopke stated that the Planning Commission was only making a
decision on the 6 month extension of the ILN Moratorium and
regulations would need to be studied further.
Commissioner Jensen inquired whether improvements were limited to
a $10,000 maximum for properties located in the moratorium or was
the limit changed to $25,000. Mr. Jopke stated that the
improvements for properties were limited to $25,000.
Commissioner McDermott questioned whether the ordinance would be
amended to exclude the area north of Lyndale Avenue.
Mr. Jopke stated that at the March 9th meeting the City Council
will be extending the moratorium as presented. City staff will
recommend an amendment to the ILN Moratorium ordinance to exclude
the area north of 77th Street.
Commissioner Murray commented that the Planning Commission at
this time is only recommending to the City Council to extend the
existing moratorium for 6 months. The City Council may not want
to amend the ordinance to exclude certain areas.
Page 4
Planning Commission Minutes
March 5, 1987
M/Kauth`, S/McDermott to recommend the City Council approve the
following resolution with the exclusion of paragraph l.G and the
following words from the last two lines of paragraph 2 " ..and a
developer selection process is complete..."
RESOLUTION N0.
A RESOLUTION EXTENDING THE EFFECTIVE PERIOD
OF TRANSITORY ORDINANCE N0. 17.18 ENTITLED
AN INTERIM ZONING ORDINANCE ADOPTED FOR
THE PURPOSE OF PROTECTING THE PLANNING
PROCESS IN A CERTAIN AREA OF THE CITY,
REGULATING, RESTRICTING AND PROHIBITING
CERTAIN USES, DEVELOPMENTS AND SUBDIVISIONS
WITHIN SUCH AREA".
BE IT RESOLVED, by the city council of the City of Richfield as
follows:
1. It is hereby found and determined:
A. Many of the conditions which led to the adoption of
Transitory Ordinance No. 17.18 continue to exist.
8. Substantial progress has been made on planning the
future development and/or redevelopment of the
Interstate-Lyndale Area, which is the subject of
that ordinance.
C. Such planning was significantly influenced by a
proposal for the development of the so-called
Cloverleaf Motel property" lying west of and
adjacent to Emerson Avenue between 76th and 78th
Streets.
D. The owner and developer of the Cloverleaf Motel
property is currently reexamining its plans and
proposals, in an effort to develop the property in a
manner generally acceptable to the owners of
neighboring properties.
E. The public improvements which can be made in the
Interstate-Lyndale Area will depend upon the type of
development which occurs on the Cloverleaf Motel
property, especially to the extent that tax
increment financing is to be used to finance any
such improvements. As a consequence, the final plan
for the development and/or the redevelopment of the
Interstate-Lyndale Area cannot be yet determined.
Page 5
Planning Commission Minutes
March 5, 1987
F. There is a need to formulate, consider and adopt
ordinance amendments which will be applicable to the
development and/or redevelopment of the Interstate-
Lyndale Area so as to assure a desirable intensity
kind and arrangement of development and/or
redevelopment.
v. It ~vould be desirable to identify, select and work
with developers to insure that development is
consistent with the goals of the ILN Redevelopment
Plan.
H. It appears that a continuation of the planning
process, taking into account any revisions in the
plans for the development of the Cloverleaf P~otel
property, will be of benefit to the area and the
city at large.
I. The continuation of the planning process and the
protection of it can best be accomplished by the
extension of the effective day of Transitory
Ordinance No. 17.18.
2. The effective period of Ordinance No. 17.18 is hereby
extended for a period of six months from the anniversary of its
effective date, i.e., the ordinance is continued in effect until
September 22, 1987 or until the effective date of the ordinance
amendment containing regulations to assure that a desirable
intensity, kind and arrangement occurs in the area and a
developer selection process is complete whichever is sooner.
Passed by the City Council this 9th day of March, 1987.
John Hamilton, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
Chairperson Murray asked if anyone objected to Commissioner
Jensen voting on this issue. There were no objections.
Potion carried: 7 to 0.
Zoning Ordinance Requirement:
1. Section 3.30, subdivision 4, indicates the minimum lot area,lot width and setback requirements in 'R' district.
2. Section 3.59, outlines the requirements for approval of the
preliminary plat.
Staff Recommendation:
Staff recommends that the Planning Commission rer_ommend that the
City Council approve the preliminary plat as shown for the
property located at 7234-14th Avenue South with the stipulationthattheexistinggarageberernovedand/or relocated to complywithcitysetbackrequirements.
Basis of Recommendation:
Staff has reviewed the preliminary plat against the requirementsindicatedinthesubdivisionandzoningordinancesandfindthat
the requirements for the subdivision approval Dave been met.
Alternative Recommendation:
The Planning Commission may recommend denial of the preliminaryplatsincethenewlocationofthegarageandthedrivewayisnot
yet determined. Staff is of the opinion that the information
provided on the preliminary plat is adequate for approval of the
request therefore, the basis for denial of the preliminary plat
may not be sufficient.
Decision Mode:
A public hearing has been scheduled before the PlanningCommissionat7:30 PM, on Tuesday, March 24, 1987. The public
hearing will be held at the Council Chambers, Richfield City Hall
to consider the subdivision.
Council Hearing:
Monday, April 13, 1987
Respectfully submitted,
d,
Towhid Kazi
Assistant Planner
TK/jls
C I T Y O F R I C H F I E L D, M I N N E S O T A
C 0 PSI M U N I T Y D E V E L O P M E N T D E P A R T M E N T
Item ~~2
Case ~~87-SUP-1
Agenda of March 24, 1987
Planning Commission
City of Richfield
Issue Statement:
Public hearing on the special use permit request by Wendy's
restaurant at 6500 Lyndale Avenue South.
Background•
Chabot Management Company has requested that the city grant a
special use permit to increase the seating capacity from 74 to a
total of 98 seats at the Wendy's restaurant (6500 Lyndale Avenue
South). The applicant wishes to construct a 6 foot glassadditionontheeastsideoftheexistingstructureto
accommodate the additional 24 seats.
A special use permit for the restaurant with a seating capacityfor74customerswasapprovedbytheCityCouncilonMay22,1978. Staff investigation of the site indicates that the
restaurant currently has seating for 80 people which is in
violation of the approved special use permit. As a stipulationinthegrantingofthespecialusepermitthepropertyowner
granted the city a 20 foot landscape easement along LyndaleAvenue.
The offstreet parking agreement dated June 26, 1978 indicates a
total of 34 parking spaces on the site. The proposed site planindicatesthattheparkinglayoutwillremainthesame.
The property is located in a C-2 General Commercial zoning
district. The structure meets all setback requirements exceptthatthesetbackfromLyndaleAvenuewhichisonly20feet. The
required building setback from Lyndale Avenue is 40 feet. The
proposed addition -vould reduce the building setback from Lyndale
Avenue from the existing 20 feet to 14 feet, thus a variance
would be required.
On February 13, 1987, the hearing examiner granted a variance to
allow the applicant to reduce the building setback from Lyndale
Avenue to 14 feet. The following stipulations tivere part of the
hearing examiner's approval:
1. That all existing nonconforming conditions be brought up to
the city code.
2. That the width of the curb cuts be increased to 26 feet to
meet minimum requirements.
3. That all landscaping be subject to staff approval.
A copy of the hearing examiner's decision and the applicant's
response to the stipulations for granting of the variance is
attached for your information.
Zoning Ordinance Requirements:
1. Section 3.33, subdivision 2, indicates that restaurant use
is permitted with a special use permit.
2. Section 3.33, subdivision 4, outlines the regulations for
restaurants.
3. Section 3.33, subdivision 6, indicates the setback require-
ments in "C-2" General Commercial district.
4. Section 4.04, subdivision 8, of the City Ordinance code
indicates that the minimum width of a curb cut in commercial
zoning district be 26 feet.
5. Section 3.41, subdivision 5, outlines the conditions
governing the issuance of the special use permit.
Staff Recommendation:
Staff recommends that the planning Commission recommend that the
City Council grant the special use permit request to increase the
seating capacity from 74 to 98 at Wendy's restaurant located at
6500 Lyndale Avenue South with the following stipulations:
1. That the width of the curb cut be 26 feet as stipulated by
the hearing examiner.
2. That the improvements on the site meet all city codes.
3. That the accessory structure located in the southwest corner
of the subject property be removed.
4. That the new location of the sign should be outside of the
easement area and inconformance with LHN Urban Design
Guidelines.
Basis of Recommendation:
Staff recommendation for approval of the special use permit is
based on the review and conclusion which is outlined in the
following:
Guidelines because of the use of metal instead of brick or
wood. The City Council previously have made exception to
the LHN Urban Design Guidelines in the Richfield Shoppes
building. It is staff's opinion that the appearance of the
proposed building would definitely be an improvement of the
site.
Alternative Recommendation:
The Planning Commission may recommend that the City Council deny
the special use permit to increase the number of seats from 74 to
98 at Wendy's restaurant located at 6500 Lyndale Avenue. If the
Planning Commission chooses to recommend denial of the special
use permit, findings of fact should be made that the increase in
seating capacity, relocation of the sign within the landscape
easement area would negatively impact the health, safety and
welfare of the people residing or working in the surrounding
neighborhood. Denial of the special use permit would prohibit
the expansion of the restaurant use in any way into the six foot
solarium addition. This effectively cancels the previous
variance approval. The applicant could change the use of the
structure to a use permitted in a C-2 zoning district and utilize
the whole expanded structure.
The variance will lapse a year after the approval if the addition
is not constructed.
Decision Mode:
A public hearing before the Planning Commission to hear the
special use permit request by Wendy's is scheduled for 7:30 p.m.
on Tuesday, March 24, 1987. The public hearing will take place
in the council chambers, Richfield City Hall.
Council Hearing:
7:00 P.M., Monday, April 13, 1987
Sincerely,
oc~~ cX
Towhid Kazi
Assistant City Planner
TK/dh
N ES OTA ~.+1 No. Jonathan Bivd.
A~WAYS C~. Chaska, MN 55318
ASPHALT CONTRACTORS 448-6004 Page No. 1 of 1 P •~s
PROPOSAL SUBMITTED TO PHONE NO. DATE
Wendys Restaurants 944-5003 Februar 27 1987
STREET INSTALLATION ADDRESS
7808 Creekridge Circle-~~230 Wendys Restaurant
CITY, STATE AND ZIP CODE
Edina, MN 55435 65th & L dale Avenue South
AGENT PROJECT ESTIMATOR JOB PHONE #
Perry Carnes Jack Mueller
WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR:
REGRADING AND PAVING WORK ON WEST AREA -
1......Ral.se..nanhale. at..wes.t..pr.ogezty..line..app.ro.ximately. l ~' ............................................
2. Raise manhole at northwest approach approximately 2'.
3. Remove approximately 70 linear feet of concrete curbing.
4. Install approximately 115 linear feet of new concrete curb.
5. Install sub-base a_s needed and 6" of Class II limestone base ever west
sections in order to create a gentle slope and compact. _
6. Install a 3" hot asphalt mat (Minnesota Highway Department Specification
k2341) over this area.
7. Install 8 new cement curb..st.ops..along_.wes.t. bo.rder, ..................
This._propo.sa.l_ does_.not, include. waterproof}ng,nei.ghborng,ru.i,l,dl~g,,.~ngZ,a~,lj~~g
a sensor loop or landscaping.)
We hereby propose to furnish material and labor, complete in accordance with above specifications, for the
sum of Twelve thousand four hundred dollars (S _ 12,400.00 }
with payment to be made as follows: Net 10 Days
All mater~a! ~s guaranteeu to be as spec~f~ed. All work ~s to be competed in a
workmanl~Ke manner according to standard practices. Any alteration or deviation Authorized
from spec~f~ca:~ons ~nvolvinc extra costs will be executed uaon writter,,orders. and Signature
will become an extra charge over and above the estimate. All agreements contin-
gent upon stakes- accidents or delays beyond our control. Owner to carry fire. Note Thisp sal maybewithdrawnbyusiinotaccepted
tornado ar.d other necessary insurance. Our workers are fully covered by Work- within 6
days.men s Comaensat~on Insurance.
ACCEPTANCE OF PROPOSAL -
THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS
SIGNATURE OR COMPANY
ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU
AUTHORIZED SIGNATUREAREAUTHORIZEDTOCOMPLETETHISCONTRACTAS
SPECIFIED PAYMENT WILL BE MADE AS OUTLINED ABOVE DATE OF ACCEPTANCE
NESOTA ~147 No. Jonathan Blvd..
ADWAYS CO. Chaska. MN 55318
ASPHALT CONTRACTORS 448-6004 Page No. 1 of 1 Pages
PROPOSAL SUBMITTED TO PHONE NO.DATE
Wendys Restaurants 944-5003 Februar 27, 1987
STREET INSTALLATION ADDRESS
7808 Creekridge Circle-~~230 Wendys Restaurant
CITY, STATE AND ZIP CODE
Edina, MId 55435 65th & Lyndale Avenue South
AGENT PROJECT ESTIMATOR JOB PHONE #
Perry Carnes Jack Mueller
WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR:
REPAVING EAST AREAS -
1. Sweep.. these ,areas .
2 .... Tackcoa.t..thes.e_ .areas..with, ho.t, .1 iquid , aspha l.t ........ .
3......Ins.ta.11. , a. ,1 z" .hot .asphalt, overlay. .that.. (Minnesot a Highway Departtnent
Specification ~~2341) over these areas.
4. Restripe all parking stalls and directional arrows.
We hereby propose to furnish material and labor, complete in accordance with above specifications, for the
sum of Three thousand three hundred seventh five dollars (S 3.375.00 ~
with payment to be made as follows: Net 10 Da s
All material ~s guaranteed to be as speaf~ed A11 work ~s to be completed m a
workmanlike manner according to standard practices. Any alteration or deviation Authorized
from spec~f~cat~ons involving extra costs will be executetl upon watten orders. and Signature
will become an extra charge over and above the estimate. All agreements contin-
gent upon stakes. accidents or delays beyond our control. Owner to carry fire, Note:Thisp osalmaybewithdrawnbyusifnotaccepted
tornado and other necessary insurance. Our workers are fully covered by Work- within days.men s Compensation Insurance.
ACCEPTANCE OF PROPOSAL
THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS
ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU
ARE AUTHORIZED TO COMPLETE THIS CONTRACT AS
SPECIFIED PAYMENT WILL BE MADE AS OUTLINED ABOVE.
SIGNATURE OR COMPANY
AUTHORIZED SIGNATURE
TE OF ACCEPTANCE
March 2, 1987
w
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OLD ~'ASHZOI~IED
RA~~URG~RS9
Community Development Department
Planning Division
City of Richfield
6700 Portland Ave. South
Richfield, ~1inn. 55423
RE: Special Use Permit - Ldendy's Restaurant, 6500 Lyndale Ave. South,
Richfield, Minnesota
Dear Sirs:
On January 28, 1987, Chabot :Management Co. (Wendy`s) attended the
variance hearing of its request to reduce the building setback from
20 feet to 14 feet. Mr. Vern Luettinger was the hearing examiner.
In granting the variance, several stipulations were made by fir.
Luettinger:
A. That all nonconforming conditions be brought up to code.
Response
All nonconforming conditions will be brought up to code.
B. That curb cuts be increased to 26 feet to meet current require-
ments.
Response
All curb cuts will be increased to 26 feet to meet requirements.
C. That all landscaping be subject to staff approval. This is to
include size and conifer planting along Lyndale Avenue. It should
be noted the building and landscaping is approaching 9 years of
age. Much of the landscaping has shown little growth.
Response
A landscaping plan has been submitted and we welcome any staff recom-
mendations. All recommendations will be met.
WENCO OF MINNESOTA, INC./7808 Creekridge Circle/Suite 230/Edina, Minnesota 55435/612-944-5003
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Variance Request
CASE N0. 87-V-1-VL-1
APPLICANT: ChaCot Management Company
PROPERTY LOCATION: 6500 Lyndale Avenue South
HEARING EXAMINER: VERN LUETTINGER
HEARING DATE: January 28, 1987
APPEARANCES: Mr. Perry Carnes
Based upon the evidence presented at the hearing,the undersigned makes the fallowing findings of
fact, conclusions and decisions.
A. FINDINGS OF FACT:
1. Notice of put;lic hearing was proper. Notice
was mailed to property owners within 350 feet of
the site in question as required by city
ordinances. The ten day notice requirement was
also met.
2. The street address and legal descriptions of the
property in question are as follows:
Tract A and that part of Tract B lying easterlyandnortherly-of a line descriCed as CeginningatsouthwestcornerofsaidTractAthan
southerly along southerly extension westerlylinethereof, distance 8.62 feet than easterlydeflectingleft82degrees13minutes28seconds
to easterly line of Tract 8 and there
terminating excluding road. RLS No. 1318.
Street Address of the property is 6500 Lyndale
Avenue South.
3. The zoning of the site in question is "C-2"
General Commercial District.
4. The variance requested is to reduce the CuildingsetCackfromexisting20feetto14feetalong
Lyndale Avenue.
5. The reason for the request is to allow the
addition of a 6 foot greenhouse in front of the
Cuilding setback area to increase the seating
capacity for 98 people. The request for the
addition is needed to improve the image and
competitiveness with other similar Cusinesses in
the area.
telephone: 869-7521 (612)
an equal opportunity employer
C I T Y O F R I C H F I E L D, M I N N E S O T A
C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T
Item ~~3
Information Letter X615
Agenda of March 24, 1987
Planning Commission
City of Richfield
Issue Statement:
Discussion concerning proposed revisions to the city's sign
ordinance.
8ackaround:
City staff has been discussing revisions to the city's sign
ordinance for a number of years. Attached for your review are
draft revisions developed by staff.
The intent of the revisions are to clarify and update the city's
existing sign ordinance. Sections have been combined or
eliminated to simplify interpretation and administration of the
ordinance.
The following is a section by section summary of the provisions
or changes found in the proposed new ordinance.
1. Section 3.47, Definitions Section
The definitions section has been changed to remove standards
from definitions. Definitions have been changed or
eliminated for clarity and to reflect new ordinance
provisions.
Subdivisions concerning permits and licenses have also been
revised to clarify application requirements, exemptions and
applicability.
2. Section 3.48, Traffic Regulations and Sign Location
The existing Section 3.48 is repealed and a new Section 3.48
added which outlines sign regulations by zoning district.
The new Section 3.48 contains a subdivision outlining signs
which are prohibited in all districts of the city. Signs
which now would be prohibited which were not prohibited in
the existing ordinance include flashing, motion, roof signs,
portable temporary signs and searchlights.
Signs permitted in all districts include temporary signs
including real estate, garage and estate sale and
construction signs. These signs cannot exceed 6 square feet
in area in residential districts or 32 square feet in
commercial districts. Address, institutional and directional
signs are also permitted in all districts of the city. The
existing ordinance does not specifically mention garage and
estate sale signs, construction signs and directional signs.
Signs permitted in single and two family residential
districts include home occupation or identification signs,
area identification signs and temporary election signs.
Signs permitted in the multifamily residential districts
include identification signs, home occupation signs, area
identification signs, on-site directional signs, temporary
ground signs for churches, schools, nonprofit causes and
veterans organizations and temporary election signs.
Signs permitted in the C-1 limited business district include
identification signs, on-site directional signs, ground
signs, wall, window, canopy and marquee signs and projectingsigns.
Signs permitted in the General Commercial and Industrial
district include those signs permitted in the C-1 district
plus promotional display devices.
Signs permitted in the Planned Unit Development districts are
those which are approved as part of the Planned Unit
Development plan plan approval process.
3. Section 3.49, Construction, Design, Location and Maintenance
of Signs
Some language has been eliminated and relocated in other
sections for clarity.
Language has been added concerning nonconforming signs.
Signs lawfully existing at the time of the passage of the new
ordinance are permitted to remain unless the ownership of the
business occurs, but cannot be expanded, rebuilt, relocated
or altered unless a) da;nage repair costs less than 50% of the
replacement cost b) appearance changes which do not changetheareaofthesignorthelocationofthesign. If the
ownership of a business changes and the new owner wishes to
change a nonconforming sign, the sign must be brought into
compliance with the regulations. Nonconforming signs which
are abandoned for two years or more must be removed.
Outdoor advertising display (billboard) regulations remain
unchanged. The existing roof sign regulations Dave been
eliminated because they would be prohibited.
Temporary ground sign regulations have been added. A permit
would be needed for these signs which would be granted by the
building official rather than requiring all these signs go to
the council for approval. The City would also have the power
to waive fee requirements for nonprofit, civic or religious
institutions or for public bodies.
The major change being proposed is that limits will be placed on
signs on buildings. The existing ordinance has essentially no
limits for signs on a building related to the business within
that building. The new ordinance proposes to prohibit ne~v roof
top signs and limits wall, windotiv, canopy and marquee signs to a
total of 15~ of the wall area of the building face they are
attached to. dot included in this 15~ restriction are
identification signs (signs listing the address and name of the
business only) and projecting signs. Identification signs and
projecting signs cannot exceed 6 square feet in area. Based on
the new regulations businesses could have the following signs.
1. Wall, window, canopy and marquee signs. The total area of
all these signs together cannot exceed 15% of each face of
the building occupied by the business.
2. One projecting sign not exceeding 6 square feet in area.
3. One identification sign not exceeding 6 square feet in area
per building.
4. In C-1 districts, one freestanding sign not exceeding 50
square feet in area and 27 feet in height would be allowed
for each building. On-site directional signs not exceeding 3
square feet in area or 4 feet in height would also be
permitted.
5. In C-2 districts the total area of all freestanding signs
except directional signs cannot exceed 200 square feet in
area. On-site directional signs cannot exceed 3 square feet
in area or 4 feet in height.
The attached table compares the existing regulations for various
types of signs with those being proposed in the revised
ordinance.
The Planning Commission will be invited to a study session with
the City Council on April 6, 1987 to review and discuss this
revision. Following this study session, the Planning Commission
will be asked to study the revisions further and maG<e a formal
recommendation to the council.
Recommendation:
It is recommended that the Planning Commission review and discuss
the attached revisions to the city's sign ordinance. No formal
action should be taken at this time.
Basis of Recommendation:
The basis of the recommendation is that the ordinance revisions
are being presented at this time to allow the commission to
become familiar with the ordinance revisions prior to the study
session with the City Council on April 6, 1987.
Alternative Recommendation:
None
Decision Mode•
No formal action is required on the ordinance at this time.
Respectfully submitted,
Rick Jopke
City Planner
RJ/jls
application for the sign permit, the a licant shall apply for
a_ny required building and electrical ermits.
2) Application. Application shall be made on forms
provided by the building official. The form shall include the
following information:
a) The name, address and telephone number of the
applicant.
b) The name, address and telephone number of the
person, firm, corporation or other or anization erecting the
sign.
c) The name, address, telephone number and
written consent of the owner of the roperty on which the sign is
to be erected.
d) The exact location of the si n on the site
including its position relative to buildin s, structures, streets
and property lines.
e) Two copies of sign plans and s ecifications
showing the following:
i) number of sign faces
ii) sign colors and construction materials
iii) sign dimensions
iv) type, direction, location and intensity
of sign illumination and name of elec-
trical contractor
v) method of construction
vi) method of attachment to building or
rg ound
vii) stress sheets and calculations showing
that the structure is designed to meet
the dead load and wind pressure require-
ments of the building code.
3) Construction Permit Exemptions. The followin
types of signs are exempt from the requirement of this subdivi-
sion but are subject to all other requirements and standards
applicable to signs:
a) Temporary election signs
b) Home occupation signs
c) Address signs
d) Identification signs not exceeding two square
feet in sign area
e) Traffic signs
f) Garage sale and Estate sale signs
g) Real estate signs
h) Signs erected by governmental a encies in the
discharge of their overnmental duties
i) Signs warning the ublic of hazards such as
buried cable or high voltage lines
j) Temporary window signs
k) Institutoinal Directional Si ns not exceeding
four square feet in sign area.
4) Permit Fee. The ap lication for a si n con-
struction permit shall be accompanied by the fee provided in
A endix D_of this code. The fee required in this paragraph is
5-
separate from and in addition to any other fees required by this
code.
Subd. 3. Sign Installer License.
1) License Required. No person shall engage in the
business of erecting signs until licensed by the city council to
do so.
2) Application. Application for a sictn installer's
license shall be made to the city clerk upon such forms as re-
quired by the city. The license fee in the amount hereafter
provided shall accompany the application.
3) License Fee. The fee for a sign installer's
license sha
this code.
amount or in paragraph D of
4) License Period. The licenses issued under this
subdivision shall be for- an annual basis running from July 1
through June 30 of the next year.
5) Bond. No permit shall be issued until the licens-
ee has filed with the city clerk a bond with corporate surety in
the sum of $1000. The bond shall guarantee that the licensee
will fully and faithfully comply with the provisions of this
ordinance and other applicable city ordinances.
6) Revocation or Non-renewal of License. The sign
installer's license may be revoked or not renewed for any vio-
lation of the requirements of this section. The decision to
revoke or not renew a license may be made by the city after
notice to the licensee and a reasonable opportunity for the
licensee to be heard.
Subd. 4. Annual Maintenance Permit.
I) Permit Required. All existing signs or signs
hereafter erected which require a permit under the provisions of
subdivision 2 of this section shall be maintained without first
obtaining an annual maintenance permit. No such permit is
required for a sign advertising the business or activity con-
ducted on the premises on which the sign is located.
2) Application. Application shall be made to the
building official on forms supplied by the building official
containing such information as may be required to establish that:
a) The sign is being kept in a safe condition
and in a state of good repair; and
b) The sign continues to conform to all stan-
dards and conditions under this ordinance.
The applicant shall certify that the sign has no structural
or maintenance deficiencies. The applicant shall also a ree to
indemnify and hold harmless the city, its officers, agents and
employees from any claims, suits, causes of action for ersonal
injury or property damage caused by or arising out of collapse
disintegration, breaking, electrical shock, fallin ob'ects, fire
from all or part of an_y sign for which such permit is issued.
The indemnification and hold harmless a reement shall be subject
to approval by the city attorney as to form and execution.
3) Permit Period. The annual ermit shall be issued
on a calendar year basis.
6-
4) Permit Fee. The fee, which shall accompany the
implication, shall be as provided in A endix D of this code.
IV. By repealing Section 3.48 thereof
V. By adding thereto the following new section to read as
follows:
3.48 DISTRICT REQUIREMENTS
Subdivision 1. Provisions Applicable to All Districts.
1) Signs Prohibited. The followin si ns are rohib-
ited in all zoning districts of the city:
a) Flashing and motion signs
b) Roof signs, including temporary roof si ns,
but excluding promotional display devices
c) Any sign which obstructs ingress or a ress
from any fire escape, window or door
d) Any sign located and maintained on or over
any public property except traffic si ns and
public directional si ns, and signs on
benches, bus shelters and telephone booths
e) Any sign located, designed or maintained in a
manner which is likely to cause confusion or
interfere with the visibility of traffic
signs, traffic control devices, crossroads,
driveways or crosswalks.
f) Temporary ground sign (portable)
Searchlights
2) Signs Permitted. The following signs are ermit-
ted in all zoning districts of the city subject to all other
plicable requirements contained in the ordinance code:
a) Temporary Signs.
i) Real estate signs which do not exceed
six square feet in sign area if located
in residential districts and 32 square
feet in non-residential zoning dis-
tricts. One real estate sign is permit-
ted on the propert bein offered for
sale or lease. The sign must be removed
within seven days following the sale,
rental or lease of the property. One
additional sign not exceedin six square
feet announcing the open house is
permitted on the property bein offered
for sale or lease on the day of the o en
house.
ii) Garage sale and estate sale signs
subject to the same conditions and
restrictions as are applicable to real
estate signs.
iii) Constructions signs which do not exceed
six square feet in sign area in residen-
tial zoning districts and 32 square feet
7-
in sign area in nonresidential dis-
tricts. One sign is ermitted and must
be located on the ropert_y where the
construction is occurring. The sign
must be removed upon completion of
construction. The sign may not adver-
tise any product or service and shall
not advertise the property on which it
is located for sale or lease.
iv) Temporary traffic control or warning
signs.
b) Address Signs. One address sign is required
on each building or portion of a buildin with se arate address.
The sign must be of sufficient size and located to be clearly
visible from the street on which the address is assi ned.
c) Institutional and Recreational Si ns.
Permanent Ground signs shall not exceed 50 square feet in si n
area per face and 25 feet in hei ht and shall be set back at
least 10 feet from any street right-of-way. Tem orary institu-
tional ground signs shall be subject to the provisions found in
Section 3.49, subdivision 10 of this cha ter. Institutional
wall, canopy and marquee si ns shall not exceed 24 square feet in
total aggregate sign area. Institutional and recreational si ns
may not be illuminated if located in residential zonin districts
between the hours of 11:00 p.m. and 6:00 a.m.
d) Institutional Directional Signs.
e) Traffic control and regulation si ns and
public directional signals.
f) Signs permitted pursuant to Section 4.02 of
this Code.
Subd. 2. Specific District Regulations. The following
are permitted only in the districts indicated and shall be
ated according to the requirements herein set forth:
C 1 1 STNrT.F. ANTI TW(I FAMTT.V RRCTTIFNTTAT. TITGTT?T(`mC /D
R-1, MR-1)
a) Home Occupation or Identification Sign. One
non-illuminated home occupation sign not exceeding two square
feet in sign area or one non-illuminated identification si n not
exceeding two square feet in area.
b) Area Identification Sign. One non-illumi-
nated sign per abutting street not exceedin 24 square feet in
sign area and not exceeding six feet in height. Such sign must
not be located closer than 10 feet from any street ri ht-of-way.
c) Temporary election signs subject to the
following regulations:
i) No sign
areas o
designed
ii) No sign
Saturday
general,
the sign
may exceed eleven square feet in
n one side. Signs shall not be
to have more than two sides.
may be placed earlier than the
closest to 90 days before the
special or school election to which
relates.
8-
iii) All signs must be removed from display no
later than four davs following the election
to which they relate. Si ns relating to
unsuccessful primary election candidates
shall be removed within four days followin
the primary election.
iv) In addition to the other remedies available
to the City under this code, any sign remain-
ing on display beyond the times specified in
subparagraph (iii) of this paragraph is
deemed abandoned to the City and may in the
City's discretion be removed, destroyed or
otherwise disposed of.
v) It shall be the responsibility of the si n
owner, the pro erty owner, and in the case of
a single family residence, the occupants, to
comply with the provisions of this aragra h.
vi) No such sign shall be placed or maintained
without the prior approval of the property
owner, and in the case of a single family
residence, the occupant.
vii) No sign shall be located closer to the
traveled roadway than 10 feet behind the
nearest curb.
viii) No sign shill be located within the 50 foot
triangle of the street intersection.
2) MULTIPLE FAMILY RESIDENTIAL DISTRICTS (MR-2,
MR-3)
a) Identification Signs. One wall sign is
permitted per building not exceeding 12 square feet in sign area.
b) Home Occupation Signs. One non-illuminated
sign per building not exceeding two square feet in sign area.
c) Area Identification Signs. One freestanding
sign not exceeding 24 square feet in sign area or 4 feet in
height is permitted per area with 3 or more residential build-
ings. Such signs shall not be closer than 10 feet from any
street right-of-way and not closer than 50 feet from any street
intersection.
d) On-Site Directional Signs. Such signs may
not exceed three square feet in si n area and if freestandin may
not be more than four feet in height.
e) Temporary Ground Signs other than those
described in Subd. I(2)(a) may be located only on pro erty owned
a church, school, or non- rofit cause or veteran's or aniza-
tion.
f ) Temporary election si ns subject to the same
regulations contained in subdivision 3(1)(d) of this section.
3) NEIGHBORHOOD BUSINESS DISTRICTS (C-1):
a) Identification Signs. One wall sign is
permitted per building. The sign may not exceed six square feet
in sign area and may identify only the building address and the
names of the businesses located in the building.
9-
3) Nonconforming Outdoor Advertisin Displays.
Outdoor Advertising Displays lawfully erected and located on the
effective date of this section may continue subject to the
following limitations:
a) Except as provided in Subdivision ~4 of this
ordinance, no nonconforming outdoor advertising display may be
expanded, rebuilt, relocated or altered without being broughtintoconformitywiththerequirementsofthisordinance. This
provision shall not apply to the following circumstances:
X9$3-5}-~f~4f83
i) The rebuilding of an outdoor advertisingdisplaywhichsustainsdamagetherepairofwhichintheopinionofthebuilding ~asgee~~e~ official will cost less than 50~ of
the replacement cost of physical structure prior to the damage.
ii) Nonstructural alterations or modifica-
tions designed to improve the appearance of the sign and changesofthesinface.
b) Any outdoor advertising display which is not
used for advertising purposes for a period of more than two yearsshallbedeemedabandonedandmustberemovedbytheownerofthe
parcel on which it is located.
H~~~-X983-5}-~f~4f83~
Subd. 94. Signs Along Freeways. Except as otherwise provid-ed in this part, b~}}beads outdoor advertisin dis lays shall
not be closer than 660 feet from the right-of-way of any freewaywithinthecity (including Highways 35-W, 494, 62 and 77). No
traveling" or changing message signs shall be located so as to
face any freeway or be visible from the freeway. Any b~~~~ea~d
outdoor advertisin dis lays legally located within 660 feet of
any such freeway at the time of adoption of this provision may be
replaced, subject to compliance with the other provisions of this
part and subject to the limitations hereinafter contained, either
in the same location or at another location along any such
freeway provided that such alternate location is first approved
by the council. The council may approve a relocation if its
finds that the relocation will lessen any adverse impact of the
sign upon traffic safety and aesthetics. If the b~~~~ea~d
outdoor advertisin dis lay is not used for advertising purposes
for a period of more than two years, the use shall be deemed
abandoned and shall terminate. ~Bi}}_}gg~_4g}_}~f~~~g~
Subd. X65. ~ecial Commercial Uses. In addition to the
signs permitted by the provisions of the foregoing subdivision
94, a motel, restaurant, hospital or shopping center located on
property having frontage upon a freeway may have directional
signs on other property abutting upon a freeway if the council
grants special permits therefor. The council shall not grant
such a special permit unless it determines (1) that the sign is
directionally only, announcing an exit at the next intersection
or interchange; (2) that it is impractical to put a business sign
on the premises of the use advertised in such a way as to allow
safe traffic turning movement, for reasons other than the fact
that another sign has screened or blocked the view; (3) that the
14-
C I T Y O F R I C H F I E L D, M I N N E S O T A
C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T
Item ~~4
Information Letter ~~16
Agenda of March 24, 1987
Planning Commission
City of Richfield
Issue Statement:
Proposed Planning Commission Bylaw changes from the February 24,
1987 Planning Commission meeting.
Background-
At the February 24, 1987 Planning Commission meeting Commissioner
Herrboldt proposed a change to the bylaws. The fallowing is the
proposed change.
Part I, Section 1. Regular Meetings, reads "Regular
meetings of the Planning Commission shall be on the fourth
Tuesday of each month commencing at 7:30 PM in the council
chambers of the city hall." is proposed to read "7:00 PM"
instead of 7:30 PM.
Recommendation:
It is recommended that the Planning Commission consider the bylaw
change and either approve the bylaw change or approve the current
Planning Commission bylaws.
Respectfully submitted,
Rick Jopke
City Planner
RJ/jls
BYLAWS AND RULES OF PROCEDURE
OF THE CITY PLANNING COMMISSION
RICHFIELD, MINNESOTA
The following bylaws and rules of procedure are adopted by the
City Planning Commission to facilitate the performance of its
duties and functions as empowered under Chapter III, Part VII,
Section 3.68, Subdivision 1-9 of the city ordinance code.
PART I. MEETINGS
Section 1. Regular Meetings
Regular meetings of the Planning Commission shall be on
the fourth Tuesday of each month commencing at 7:30 PM
in the council chambers of the city hall.
Section 2. General Planning Meetings
The second Tuesday of every month shall be reserved for
discussing and deliberating on general planning matters
related to the proper development and future well-being
of the community.
Section 3. Special Meetin s
Special meetings of the Planning Commission can be
called by the chairperson and one member or by three
members of the commission or at the request of the city
council. Notice, designating the time and place of the
meetings, shall be given to all members not less than
twenty-four (24) hours in advance thereof.
Section 4. Deadline for Hearin Items
The Planning Commission will accept all applications to
be heard before it, no later than fifteen working days
preceding the regular Planning Commission meeting. Upon
written notice to the community development director
prior to the Planning Commission meeting, an application
may be withdrawn. Once an application is withdrawn, it
must be refiled with the Community Development
Department, City of Richfield, before any PlanningCommissionhearingisheld.
Section 5. Quorum
Five members of the Planning Commission shall constitute
a quorum for the transaction of business. No action
shall be taken in the absence of a quorum with the
exception that the Planning Commission members present
may take testimony for use at a later meeting at which a
quorum is present, an may adjourn a meeting to a later
time without further notice.
Section 6. Votin~c
At all meetings of the Planning Commission, each member
attending shall be entitled to case one vote. Votingshallbebyvoiceandanaffirmativevoteofamajorityofthosepresentshallbenecessaryforthepassageof
any matter before the Planning Commission, except as
otherwise provided in these bylaws.
Section 7. Proceedings
a)
b)
Format of Meeting
At a regular meeting of the Planning Commission,the following format shall be followed in
conducting the business of the meeting.
1) Roll Call
2) Approval of Minutes
3) Regular Business and
4) New Business
5) Old Business
6) Adjournment
Public Hearing Items
Public Hearing
The purpose of a hearing is to collect
information and facts in order for the
commission to develop a planning recommendation
for the City Council. At a public hearing the
following procedure shall ~e followed for each
case for which a public hearing is held:
1) Chair shall state the case to be heard.
2) Chair shall call upon the Community
Development Director or designee to present
the staff report.
3) Chair shall ask the applicant to present
his/her case.
4) Members of the Planning Commission shall be
allowed to question the applicant about
his/her proposal.
5) Interested persons may address the
commission, giving relevant information
regarding the proposal before the
commission.
2-
3) Signs documents of the commission.
4) Sees that all actions of the commission are
properly taken.
5) Calls special meetings of the commission in
accordance with these bylaws.
6) 'forks with appropriate city staff in
organizing agendas of all general Planning
Commission meetings.
b) Vice-Chairperson
Performs all of the duties and responsibilities
of the chairperson in his/her absence.
c) Secretary
1) Assumes duties and responsibilities of the
chairperson when both chairperson and vice-
chairperson are absent.
2) Keeps the minutes of the meetings of the
commission in an appropriate minute book
3) Signs all minutes of the commission as
well as other official documents of the
commission.
PART III. MISCELLANEOUS
Section 1. Suspension of Rules
The commission may suspend any of these rules by a 2/3
vote of those members present.
Section 2. Amendments
These rules may re amended at any regular meeting by a
2/3 majority of the members of the commission, provided
that the amendment was presented and written into the
minutes of a previous meeting.
Section 3. Review
The contents of these bylaws and rules of procedure
should be comprehensively reviewed, evaluated, and
modified where necessary, at the organization meeting
held in February of each year.
5-
Recommendation:
It is recommended that no action on this matter be taken at the
present time.
Basis of Recommendation:
Basis of recommendation is that the city appears not to have the
authority to initiate the street vacation and that the
administrative time and effort necessary to carry it out does not
seem to justify the benefit that is received. Each case can be
considered on its own merits and dealt with individually. The
excess right-of-way does not appear to be causing any major
problem in the area.
Alternative Recommendation:
The alternative recommendation would be to recommend council
initiation of an ordinance change to give the council the powertoinitiatestreetvacationsandthentoproceedvacatingexcess
right-of-ways within the effected subdivision. Another
alternative would be to determine what potential problems the
excess right-of-way causes, such as frontyard setback problems
and then amend the ordinance standards to deal with that
particular condition. An example of an ordinance change might be
to say that in that particular subdivision the frontyard setback
will be determi;,ed as if there was a square corner and not a
round corner.
Decision Mode:
This matter is brought before the Planning Commission for
additional discussion. The Planning Commission can proceed on
this matter as the commission determines. No deadlines or
schedules have been setup for follow-up action.
Respectfully submitted,
Rick Jopke
City Planner
RJ/jls