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HomeMy WebLinkAbout06-08-2006 Planning Commission Meeting Packet• I. Call to Order / Approval of Agenda II. Welcome Commissioners LeRoux and Powell III. Approve Minutes of May 11, 2006: (1) IV. Department / Commission Liaison / Other Reports: A. Commission Liaison: B. St. Croix Crossing Update: C. Other: V. Visitors /Public Comment: This is an opportunity for the public to address the Commission with questions or concerns regarding items not on the agenda. Please limit comments to three minutes. VI. Public Hearings: VII. New Business: VIII. Old Business: X. Adjournment. CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, June 8, 2006 — 7:00 p.m. A. Memorial Office Condominiums (Wesley Investments Inc.): P.U.D. - Concept and General Plan for an office condominium development located at 5595 Memorial Ave. N. (2) A. Sign Ordinance: Continued Discussion 1. Flag Etiquette (3) 2. Revised Ordinance (4) IX. Informational: A. Next Meeting: July 13, 2006 — Regular Meeting @ 7:00 p.m. B. Council Representative: June -- Commissioner Wasescha July — Commissioner Runk • • • CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, May 11, 2006 Call to Order / Approval of Agenda / Recess to Work Session Interviews: Chair Runk called the meeting to order at 6:00 p.m. Present: Commissioners Lilj egren and Wasescha; City Planner Richards, City Administrator Johnson and Commission Liaison Doerr. Absent: Commissioners Caspers and Dwyer. Reconvene Regular Meeting: Chair Runk reconvened the regular meeting at 7:00 p.m. Present: Commissioners Caspers, Dwyer, Lilj egren and Wasescha; City Planner Richards, City Administrator Johnson and Commission Liaison Doerr. Commissioner Caspers, seconded by Commissioner Wasescha moved to recommend that the City Council appoint Charles LeRoux to the Planning Commission. Carried 5 -0 Commissioner Dwyer, seconded by Chair Runk, moved to recommend that the City Council appoint Mark Powell to the Planning Commission. Carried 5 -0 Prior to each appointment recommendation brief discussion ensued as to the strength of the recommended applicants' qualifications. Commissioner Caspers stated that she feels it is important to have female representation on the Commission and asked that the Council keep in mind that the applicants do include a qualified female. Approve Minutes of April 13, 2006: ENCLOSURE 1 Commissioner Wasescha, seconded by Commissioner Lilj egren, moved to approve the Agenda, as presented and recess to work session for the purpose of interviewing applicants to the Planning Commission. Carried 3 -0 Chair Runk noted that purpose of the preceding work session was to interview four very qualified applicants for two openings on the Planning Commission. He thanked applicants Melissa Charley, Charles LeRoux, Jim Kremer and Mark Powell for applying and making themselves available for interviews. Runk asked the Commission for comment and or recommendations for Commission appointment. Commissioner Lilj egren, seconded by Commissioner Caspers, moved to approve the Minutes as presented. Carried 5 -0 Department /Commission Liaison Reports /Other Reports: A. Commission Liaison: B. St. Croix Crossing Update: Commission Liaison Doerr reported: • That the final Stakeholders meeting is scheduled July 17, 2006, from 9:00 a.m. to 4:00 p .m. at the Stillwater City Hall and that the meeting is open to the public. • That the Final Environmental Impact Study is expected to be released by the end of the month. • That the City Council will be having a work session with MnDOT regarding the current layout and revised bridge plan. C. Other: Doerr discussed a League of MN Cities Bulletin article on flag etiquette relative to flags and banners in Sign Ordinance discussion, noting that a copy of the article will be included with their June packet for discussion. Visitors /Public Comment: None. Public Hearings: Planning Commission Minutes May 11, 2006 Page 2 of 6 A. Anchobaypro, Inc. (Tim Nolde): P.U.D. - General Plan & C.U.P. for Oakgreen Village located north of 58` St. and West of Oakgreen Ave. City Planner Richards reviewed his planning report of the applicants request for Planned Unit Development: General Plan Preliminary/Final Plat and Conditional Use Permit for a townhouse development — Phase I consisting of 67 units. Richards noted that Phase II would include 46 additional units and is proposed within the next five years. Chair Runk opened the hearing for public comment. The applicant was present for questions. There being no other visitors to the public hearing, Commissioner Dwyer, seconded by Commissioner Liljegren, moved to close the public hearing. Carried 5 -0 Discussion ensued as to mailbox placement relative to development aesthetics, materials and color schemes for the units, berm height and design, landscaping, cross -walk and pedestrian travel areas, light fixtures and marketability. Commissioner Dwyer, seconded by Commissioner Caspers, moved to recommend City Council approval, subject to the following conditions: 1. The relimina /final plat is subject to review and approval by the City Engineer and p ry p J City Attorney. 2. The Park Commission recommends a cash park dedication for Oakgreen Village. Park dedication must be paid at the time of recording of the final plat. The specific terms of the dedication will be addressed in the development agreement. • • • Planning Commission Minutes May 11, 2006 Page 3 of 6 3. All easements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals. 4. The applicant shall dedicate the right -of -way area for Nova Scotia Court, N. and Oakgreen Avenue as part of the final plat. 5. The Planning Commission is favorable to the berming and screening provided for Nova Scotia Avenue, N. as part of the grading and landscape plans. 6. Sidewalks /trails and timing for construction are subject to review and approval by the Parks Commission, City Council and City Engineer. 7. The applicant's traffic study for the Oakgreen Village development shall be subject to review and approval of the City Engineer. 8. The tree preservation and landscape plans are subject to review and approval of the City Arborist. Additional trees and landscaping shall be provided on the north edge of the development. The landscape plan shall be updated and approved by the City Arborist. The applicant shall remove the dead trees within the stormwater /wetland ponding area identified as Outlot D. 11111 9. The plans for the private park shall be provided and reviewed as part of the Phase 2 concept and general plan of development review process. 10. Grading, drainage, erosion control and utility plans are subject to review and approval by the City Engineer. Stormwater issues are also subject to review and approval by the applicable watershed authority. 11. The applicant must comply with Xcel Energy's requirements for construction of a and p p Y gY q p within the Xcel Energy easement. The applicant shall resubmit the development plans to Xcel Energy to assure compliance with all utility requirements. Written approval from Xcel Energy shall be provided to the City. 12. Prior to the issuance of any grading permit, all existing wells and septic systems must b identified and abandoned in conformance with Minnesota Rules. 13. The site plan does not include light fixtures on buildings. If lights are proposed on the buildings, they must be illustrated on the building plans, details submitted and the photometric plan must be revised to include them subject to City staff review and approval. 14. Two monument signs shall be allowed for the development, subject to final review and approval of locations, and compliance with the City's Sign Ordinance. 15. The Planning Commission is favorable to the final design and materials for the townhome structures. Planning Commission Minutes May 11, 2006 Page 4 of 6 16. The proposed vinyl lap siding must be changed to steel or Hardi -board siding subject to final review and approval of City staff. 17. The Fire Marshall and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 18. The applicant shall supply the homeowner's association documents as required by the City Attorney for review and approval. 19. The applicant shall provide all association duties and maintenance until the completion of Phase 2. The homeowner's association shall be organized with a funded reserve provided by the Developer. The details of the reserve amount shall be outlined in the development agreement. Only one homeowner's association for both Phase 1 and 2 will be allowed. 20. The applicant shall be required to disclose the entire development plans to include Phase 1 and 2 for all Phase 1 buyers. Disclosure is also required for modification to all buyers within the development that the roadway and wetlands are to be private and will not be accepted as public in the future by the City. 21. The applicant shall dedicate the wetland area north of 58` St. (Outlot D) to the City. 22. The applicant is required enter into a development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. 23. A plan for postal box design and locations on site shall be submitted to and approved by City staff and the Postmaster. 24. The City Engineer shall review and submit for approval to the Parks Commission and City Council a plan for crosswalks at 58 St. and Nova Scotia Ave. N. 25. The applicant shall provide a snow removal plan subject to the review and approval of City staff. Carried 5 -0 B. Oak Park Heights Marketplace (Positive Companies): C.U.P. for drive- through window at new retail site to be constructed at Neal Ave. just east of Pony Express Auto Wash and west of Stillwater Ford. City Planner Richards reviewed his planning report relative proposed construction of a new 12,000 sq. ft. retail office building and the request for conditional use permit allowing one drive - through window if desired by a tenant. • • Planning Commission Minutes May 11, 2006 Page 5 of 6 Chair Runk opened the hearing for public comment. Jay Feider and Jeff Houge, applicants to the request were available for questions. There being no other visitors to the public hearing, Commissioner Lilj egren, seconded by Commissioner Wasescha moved to close the public hearing. Carried 5 -0 Discussion ensued as to entrance and drive - through exiting, parking and maneuverability, drive - through construction use and proposed construction timeline, sidewalk placement around the building perimeter, tenant deliveries and typical tenant turnover. Commissioner Wasescha, seconded by Commissioner Caspers, moved to recommend City Council approval of the request, subject to the following conditions: 1. The grading, drainage and utility plans are subject to the review and approval of the city Engineer. 2. The proposed signage for the site shall be consistent with Section 401.15.G. of the Zoning Ordinance and the sign design guidelines submitted by the applicant. A sign permit shall be obtained prior to the erection of any signs on the subject site. 3. Landscaping plans shall be subject to the review and approval of the City Arborist. • 4. The applicant shall obtain a driveway access permit from the Minnesota Department of Transportation for the additional access to accommodate the drive - through window. 5. The applicant must submit additional lighting plans detailing the proposed exterior building lighting, subject to the review and approval of City staff. Mounted pole height for the proposed parking area lights shall not exceed 25 -feet. 6. As access to the site and drive- through area may become problematic, the City shall maintain a right to review the conditional use permit and shall have the right to require the developer to make modifications to the site access and traffic circulation patterns should traffic use of, or to the site, create a public safety problem. 7. Sound levels from ordering and announcement equipment shall be in compliance with Section 401.15.B.11 of the Zoning Ordinance. Carried 5 -0 New Business: None. Old Business: A. Sign Ordinance: Flag & Banner Provisions — Continued Discussion City Planner Richards recapped earlier discussion and discussed some processes to be considered for temporary and permanent signage. He noted that the mega billboard matter is being worked on and that the City Council has placed a 6 -month moratorium on them. Further discussion will be had at the June meeting. Informational: Chair Runk noted that June's meeting would welcome two new Commissioners and extended his personal thanks to outgoing Commissioners Dwyer and Caspers for their service to the Commission, the City and their community. A. Next Meeting: June 8, 2006 7:00 p.m. — Regular Meeting B. Council Representative: May — Commissioner Liljegren June — Commissioner Wasescha Adjournment: Commissioner Caspers, seconded by Commissioner Liljegren, moved to adjourn at 8:19 p.m. Carried 5 -0. Respectfully submitted, Julie A. Hultman Planning & Code Enforcement Officer Approved by the Planning Commission: Planning Commission Minutes May 11, 2006 Page 6 of 6 • MEMORANDUM BACKGROUND Attached for reference: LIATED ONISULAAtilt 41, 1 C.. 4800 Olson Memorial Highway, Suite 202, Golden valley, M N 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners @nacplanning.com TO: Oak Park Heights Planning Commission FROM: Laurie Shives / Scott Richards DATE: May 31, 2006 Exhibit 1 — Existing Conditions /Removal Plan Exhibit 2 — Site Plan Exhibit 3 — Grading & Erosion Control Plan Exhibit 4 — Utility Plan Exhibit 5 — Lighting Plan Exhibit 6 — Floor Plan Exhibit 7 — Building Elevations Exhibit 8 — Colored Renderings Exhibit 9 — Landscape Plan Exhibit 10 — City Engineer's Comments Exhibit 11 — City Arborist's Comments RE: Oak Park Heights — Memorial Office Condominiums; PUD Concept/ General Plan FILE: 798.02 — 06.05 ENCLOSURE 2 Brooks and Whitcomb, LLC have submitted site and building plans for the construction of two 14,720 square foot office condominium buildings located off of Memorial Avenue North. The request is for a PUD: Concept /General Plan. The applicant is proposing to remove the existing building and parking area to construct the proposed buildings and parking areas. The subject site is currently zoned B -3, Highway Business and Warehousing District and guided for highway business and warehouse development by the Oak Park Heights Comprehensive Plan. ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for highway oriented business and warehouse uses and, as such, the proposed office condominium development is -in compliance with the Comprehensive Plan. Zoning. The subject site is currently zoned B -3, Highway Business and Warehousing District. The applicant is proposing to have general office and /or warehousing uses occupy the available spaces in the proposed two buildings. The applicant is requesting approval of a PUD in order to allow more than one principal building on the subject site. The purpose of a PUD is to allow for greater flexibility in the design of neighborhoods or other sites and is intended to encourage, among other things, a more desirable environment than would be possible through the strict application of the City's zoning and subdivision regulations. Lot and Setback Provisions. As shown in the table below, the proposed building and site design meet the required lot area and setback standards for the B -3 District. As stated in Section 401.15.F.4.h.17, the parking area setback is 10 feet for all uses except single and two - family uses. The site plan indicates a parking area setback of at least 10 feet from all property lines. Building Design. The submitted plans indicate that the proposed office buildings will be one story with a total of 14,720 square feet of floor area each. The primary facade material is proposed to be precast concrete panels with accents of exposed aggregate precast panels and brick. The applicant has also submitted colored building elevations indicating that the primary building color will be beige with dark brown brick accents. Each suite will have a glass door entrance with a metal overhang. The proposed building will have architectural interest in the form of varied rooflines for different sections surrounding each suite entrance. The proposed office condominium buildings are consistent with the requirements of the B -3 District and the City's Design Guidelines. The buildings are proposed to be 20 feet in height at the highest point, compliant with the 35 -foot height limit in the B -3 District. Phasing Plan. The applicant is proposing to construct the two office /warehouse condo buildings in two phases. The building to the south of the site is proposed to be constructed first, followed by the building to the north. Access. The subject site accesses off of Memorial Avenue North. The applicant is proposing one ingress /egress driveway, which is the existing site access. The site plan 2 Lots Setbacks Area Width Front Side Rear Required 15,000 sq. ft. 100 feet 40 feet 10 feet 20 feet Proposed 109,419 sq. ft. 250 feet 88 feet 42 feet 70 feet ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for highway oriented business and warehouse uses and, as such, the proposed office condominium development is -in compliance with the Comprehensive Plan. Zoning. The subject site is currently zoned B -3, Highway Business and Warehousing District. The applicant is proposing to have general office and /or warehousing uses occupy the available spaces in the proposed two buildings. The applicant is requesting approval of a PUD in order to allow more than one principal building on the subject site. The purpose of a PUD is to allow for greater flexibility in the design of neighborhoods or other sites and is intended to encourage, among other things, a more desirable environment than would be possible through the strict application of the City's zoning and subdivision regulations. Lot and Setback Provisions. As shown in the table below, the proposed building and site design meet the required lot area and setback standards for the B -3 District. As stated in Section 401.15.F.4.h.17, the parking area setback is 10 feet for all uses except single and two - family uses. The site plan indicates a parking area setback of at least 10 feet from all property lines. Building Design. The submitted plans indicate that the proposed office buildings will be one story with a total of 14,720 square feet of floor area each. The primary facade material is proposed to be precast concrete panels with accents of exposed aggregate precast panels and brick. The applicant has also submitted colored building elevations indicating that the primary building color will be beige with dark brown brick accents. Each suite will have a glass door entrance with a metal overhang. The proposed building will have architectural interest in the form of varied rooflines for different sections surrounding each suite entrance. The proposed office condominium buildings are consistent with the requirements of the B -3 District and the City's Design Guidelines. The buildings are proposed to be 20 feet in height at the highest point, compliant with the 35 -foot height limit in the B -3 District. Phasing Plan. The applicant is proposing to construct the two office /warehouse condo buildings in two phases. The building to the south of the site is proposed to be constructed first, followed by the building to the north. Access. The subject site accesses off of Memorial Avenue North. The applicant is proposing one ingress /egress driveway, which is the existing site access. The site plan 2 illustrates 24 -foot drive aisles along the building sides containing the proposed loading areas and 22 -foot drive aisles in the remainder of the parking areas, aside from the northwest corner of the parking area which appears to narrow to 19 feet wide. Section 401.15.F.h of the Zoning Ordinance requires at least 22 foot wide drive aisles for the proposed use. The applicant shall revise the proposed parking lot design to demonstrate at least 22 foot wide drive aisles in all areas. Off - Street Parking. Based on the proposed 80 percent office uses and 20 percent warehouse use, the required number of parking spaces is as follows: Office: 3 spaces + [((14,720 sq. ft. x 0.80) x 2) x 0.90] / 200 sq. ft. = 109 spaces Warehouse: [((14,720 x 0.20) X 2) x 0.90] / 1,500 sq. ft. = 4 spaces The applicant is proposing a total of 110 parking spaces including four handicap accessible spaces, which is three parking spaces short of the parking requirements outlined in Section 401.15.F.9.w of the Zoning Ordinance. As a condition of approval, the applicant shall be required to provide three additional parking spaces including one additional handicap accessible parking space pursuant to Section 401.15.F.8 of the Zoning Ordinance. Some of the submitted plans indicate that the parking stalls will be 17.5 feet in length. All parking stalls shall be revised to be 9 feet by 20 feet or 9 feet by 18 feet provided there is ample room for a two foot overhang, subject to review and approval of the City Engineer. Signage. The applicant has submitted some additional information on the proposed signage plan. They are proposing to have three wall signs per building, one on each of the southwest, southeast and northeast building elevations. These proposed wall signs are to be approximately 32 square feet in total area per tenant, for a total of 192 square feet. Additionally, the applicant is proposing to have a 96 square foot monument sign located within the rear yard setback and positioned to be visible from Highway 5. The proposed signage is consistent with Zoning Ordinance requirements. Lighting. The applicant has submitted a lighting plan including the proposed photometric plan for the site. The lighting plan indicates that the exterior lights' illumination will extend beyond the property line, however, this illumination will be less than 0.4 foot candles and as such, is consistent with Section 401.15.B.7.d of the Zoning Ordinance. The applicant is proposing to install ten shoebox style parking area lights mounted on a 30 -foot pole and four building mounted fixtures located within the courtyard area. Section 401.15.B.7.f.2.d of the Zoning Ordinance limits the permitted mounted light fixture height to 25 feet. As such, the proposed parking lot light fixtures are not consistent with the Zoning Ordinance requirements and the lighting plan shall be revised prior to approval by the City Council. 3 Landscaping. The applicant has submitted a landscape plan showing the addition of perimeter plantings around the proposed buildings as well as within the proposed courtyard area. The plan also indicates the addition of several trees around the site perimeter provide to rovide screening of the parking areas. The landscape plan indicates fewer plantings than a previously submitted plan, particularly along the northeast and southwest boundaries of the site, than the previous plan. In consideration of the requested PUD for the subject site, the landscaping plan shall be revised to reflect the purpose of the City's PUD overlay districts. As stated in Section 401.06.B.12 of the Zoning Ordinance, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structure and the overall scheme of the PUD plan when evaluating the proposed landscape plan. The landscape plan shall be subject to the review and approval of the City Arborist. Trash Enclosures. The applicant is proposing to have a 90 square foot trash room in each building for shared use by all occupants. The proposed trash enclosures appear to be consistent with the requirements of the B -3 District provided that they are in an accessible location for pickup hauling vehicles. Grading, Drainage & Utilities. Preliminary construction plans have been submitted. All grading, drainage and utility plans are subject to the review and approval of the City Engineer. CONCLUSION /RECOMMENDATION The applicant has submitted the necessary materials for the proposed application. The proposed use and site design are consistent with the requirements of the Zoning Ordinance and the direction of the Comprehensive Plan. Based on the information contained in this report, our office recommends approval of the requested PUD Concept General Plan for the Memorial Office Condominiums project, subject to the following conditions: 1. The grading, drainage and utility plans are subject to the review and approval of the City Engineer. The proposed signage for the site shall be consistent with Section 401.15.G of the Zoning Ordinance and the sign designs and dimensions submitted by the applicant. A sign permit shall be obtained prior to the erection of any signs on the subject site. 3. Landscaping plans shall be subject to the review and approval of the City Arborist. 4. Mounted pole height for the proposed parking area lights shall not exceed 25 feet. 4 5. The applicant shall provide three additional parking spaces including one handicap accessible space. The site plan shall be adjusted prior to City Council approval. 6. The applicant shall revise the proposed parking lot design to demonstrate at least 22 foot wide drive aisles in all areas. The site plan shall be adjusted prior to City Council approval. 7. All parking stalls shall be 9 feet by 20 feet or 9 feet by 18 feet provided there is ample room for a two foot overhang, subject to approval of the City Engineer. The site plan shall be adjusted prior to City Council approval. 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O� 4 pc 0 z Q J 0_ w d. 0 0 J J w 0 0 z z J 0_ Iz n- SOaNOO 30130 1V1W1O113W \SOONO0 3OI33O 1YIdOW311 :awDuali3 Scott Richards From: "Postler, Dennis M" <dpostler @bonestroo.com> To: "Eric A Johnson" < eajohnson @cityofoakparkheights.com >; "Scott Richards" <srichards @nacplanning.com> Cc: "Erickson, Karen S" <kerickson @bonestroo.com >; "Judy Hoist" < jholst @cityofoakparkheights.com >; "Julie Hultman" < jhultman @cityofoakparkheights.com >; "Tom Ozzello" < tozzello @cityofoakparkheights.com >; "Mark Vierling" <mvierling@eckberglammers.com >; "Kathy Widin" <kdwidin @attbi.com> Sent: Wednesday, May 24, 2006 7:40 AM Subject: Memorial Office Condods Here are some general comments /thoughts, for today's 10:30 a.m. staff review meeting, on the latest plans I picked up last night 1. They're back to one driveway entrance? This is preferred over the two entrances previously proposed. 2. The parking stalls appear substandard (9' wide by 17.5' long). What is the City minimum standard? 3. The overall parking layout width appears inadequate (17.5' stalls with a 22' drive aisle). 4. The drive aisle in the northwest corner, where it narrows due to the 10' setback, appears to be Tess than 19' wide. 5. Are the new garage accesses for trash enclosures (don't see them anywhere else on site now)? If so, they'll probably be o.k. have to roll out bins. If not, trucks do not have room to back up /into these areas. 6. Several Drainage and Grading comments: • Recommend no roof drains be allowed tributary to the DDD LLC pond. • The internal courtyard grass drainage swale appears less than 1 %. Recommend minimum of 2 %. They also are proposed to drain across the sidewalks? • There are 4 proposed drainage curb cuts with rip rap. The one to the north /northeast will concentrate flows down the pond slope past the existing outlet structure - -- potential erosion issues. Recommend draining parking lot to northeast corner, then collecting with a catch basin and pipe to CB #2. • The proposed storm sewer outlet to the Kern Center Pond is in MnDOT right -of -way (City drainage easement). a. Probably need MnDOT approval. b. Verify the proposed FES elevation (should equal Kern Center Pond NWL). c. Specify how much rip rap at FES. d. Recommend moving the outlet pipe to CB #1 (redesign storm sewer to go from CB #2 to CB #1) to move this inlet to pond farther from existing outlet to pond --- better water quality. • Need BCWD approval /permit. 7. The final plans needs a permanent Erosion and Sediment Control Plan. Dennis EXHIBIT 10 ?age 1 of 1 5/31/2006 Scott Richards From: <kdwidin@comcast.net> To: "Tom Ozzello" < tozzello @cityofoakparkheights.com >; "Julie Hultman" <jhultman©cityofoakparkheights.com>; "Dennis Postler" <dpostler @bonestroo.com >; "Eric Johnson" < eajohnson @cityofoakparkheights.com >; "Jim Butler" <jbutler c, cityofoakparkheights.com >; "Scott Richards" <srichards @nacplanning.com >; "Mark Vierling" <mvierling @eckberglammers.com> Sent: Wednesday, May 24, 2006 9:58 AM Subject: Memorial Office Condos - Landscape Plan (rev. 5/10/06) OPH Staff - rage 1or1 I have reviewed the revised landscape plan for Memorial Office Condos (submitted 5/10/06) and have the following comments: 1. The plan has changed substantially from the prior plan. It is not as attractive or interesting and utilizes tree species which will be much higher maintenance than the previous plan. Tree numbers are about the same, but there are a lot fewer shrubs and perennials than on the previous plan. 2. The tree species have been changed from the previous plan. They are less attractive and more prone to various pest and disease problems than those species specified on the previous plan. Colorado spruce have several problems with fungal diseases as they age and some of these should be replaced with a mix of 'Black Hills' white spruce, red or white pine or 'Fraser' fir. Norway maple planted in this area tend to suffer from fungal cankers and winter injury and are of onl y moderate longevity in the landscape. The Norway maple should be replaced with several varieties of red maple such as the 'Freeman -type' maples. "Radiant" crab is very susceptible to apple scab, a fungal disease that has been more prevalent in the past several years when we've had a lot of rainfall in the spring and early summer. This disease causes susceptible trees, such as "Radiant" to lose their leaves before August, and trees would need to be sprayed every year to protect them against this disease. The "Radiant" crabs should be replaced with several different crabapple cultivars that have good disease resistance, such as "Prairie Fire ", "Indian Summer ", "Professor Sprenger" or "Thunderchild ". Amur cherry, though a beautiful tree, is very short -lived in the landscape and is also prone to stem girdling roots and tipping. This should be replaced with a hardier ornamental such as Japanese tree lilac. 3. The shrub choices could be more varied. "Cardinal" dogwood becomes a very large shrub (8 -10' by 8 -10') and I'm not sure it will work well in the patio area between the buildings. Smaller, more varied shrub choices, some flowering, some evergreen, and perennials would be more appropriate and much more attractive in that middle patio /walkway area. 4. The 'Planting Detail' for shrubs is o.k. except for the disturbed (rather than undisturbed) soil illustrated on the bottom of the lantin hole. Shrubs should be set on firm, undisturbed soil or plant will shift after planting. The tree p g 'Planting Detail' should also include: removal of twine and top of burlap and top 1/3 of wire basket (if B &B material is in a wire basket) after tree is in the planting hole. Tree root balls should also be set on firm, compacted soil at the bottom of the planting hole, not turned soil as indicated on the details. Trees will be inspected after planting, and, if twine, burlap and top wire are still in place, the City will require the removal of these items. Please supply landscape contractor with the correct planting detail. If you have any questions, regarding this report, please contact me. Kathy Widin Arborist City of Oak Park Heights EXHIBIT 11 5/31/2006 D I D YOU KNOW? 1\... symbol of both our nation's colonial beginnings and the current total of states, the U.S. flag embodies principles of democracy and liberty while providing a powerful symbol of memorial. Because of the flag's implicit importance, cities should observe the following standards of respect from the Federal Flag Code (4 U.S.C. §§ 5 -10) when displaying their U.S. Minnesota, or municipal flags. Proper display. Universal custom provides for displaying the U.S. flag only from sunrise to sunset on buildings and stationary flagstaffs. If properly illuminated during hours of darkness, a flag may be displayed 24 hours a day. A flag should be hoisted briskly and lowered ceremoniously. U.S. flags should not be displayed in inclement weather, unless all- weather flags are used. Besides being displayed on specific holidays (Flag Day, Veterans' Day, etc.), U.S. flags should be displayed daily on or near the main administra- tion building of every public institution; Minnesota law requires the U.S. flag to be displayed outside public schools and polling places on election days (Minn. Stat. 121A.11; Minn. Stat. 204C.08) . When flags of states, cities, or locali- ties are flown on the same halyard with the U.S. flag, the U.S. flag is always at the peak, the state flag next, and so on. When flags are flown from adjacent staffs, the U.S. flag should be hoisted first and lowered last. No such flag or pennant may be placed above or to the right of the U.S. flag _ In memorial (flags at half -staft). When flown at half - staff, a flag should be first hoisted to the peak for an instant, then lowered to the position halfway between the staff's top and bottom. On Memorial Day, the flag should be displayed at half -staff until noon, then raised to its peak. MARCH -APRIL 2006 Following Flag Etiquette By Scott M. Kelly By order of the president, U.S. flags shall be flown at half -staff upon the death of principal figures of the U.S. government and the governor of a state, territory, or possession in respect of their memory. The flag will be flow at half -staff: • 30 days from the death of the president or a former president. • 10 days from the death of the vice president, acting or retired chief justice of the U.S. Supreme Court, or the speaker of the House of Representatives. • From the day of death to internment of an associate justice of the U.S. Supreme Court; a secretary of an executive or military department; a former vice president; or governor of a state, territory, or possession. • On the day of death and the following day for a member of Congress. • On Peace Officers Memorial Day, unless observed on Armed Forces Day. In the event of the death of a present or former official of the government of any state, the governor may proclaim the U.S. (and state) flag shall be flown at half -staff. However, the governor's proclamation may only designate flags on the state Capitol grounds be flown at half- staff' and not all public buildings statewide. For example, following the death of a public safety officer, flags at the state Capitol are flown at half -staff pursuant to Minnesota Statutes (Minn. Stat. 1.51), but not at all public build- ings statewide, or all state properties. If not specifically ordered by procla- mation or provision of the Federal Flag Code, a city generally should not unilaterally fly flags at half - staff. Respect and disposal. No disrespect should ever be shown to a U.S. flag. The flag should not: be displayed with the union down (except as a signal of dire distress); touch anything beneath it (the ground, floor, water, etc.); carried flat or MINNESOTA CITIES ENCLOSURE horizontally (always aloft and free); or handled in a manner to permit it to be easily torn, soiled, or damaged in any way. When a flag's condition declines making it no longer a fitting emblem for display, it should be destroyed in a dignified way (preferably by burning) . A local American Legion,VFW, or Boy Scout troop may regularly perform such services. Violations. While the Federal Flag Code guides proper respect for the U.S. flag and lacks penalties for noncompli- ance, Minnesota's criminal code (Minn. Stat. 609.40) provides the charge of a misdemeanor for anyone that: • Intentionally and:publicly mutilates, defiles, or casts contempt upon the flag (U.S. or Minnesota). • Places on or attaches to the flag any word, mark, design, or advertisement not properly a part of such flag, or exposes to public view a flag so altered. • Manufactures or exposes to public view an article of merchandise or a wrapper or receptacle for merchan- dise upon which the flag is depicted. • Uses the flag for commercial advertising. For more information. Contact the League's Research Department at (651) 281 -1220 or (800) 925 -1122, the Office of the Secretary of State, or your local American Legion or VFW hall. Scott M. Kelly is staff attorney with the League of Minnesota Cities. Phone: (651) 281 -1200. E -mail: skelly@lmnc.org. 19 • • MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners@nacplanning.com TO: Eric Johnson FROM: Scott Richards DATE: June 1, 2006 RE: Oak Park Heights — Changes to Sign Ordinance FILE NO: 798.04 — 05.05 ENCLOSURE Please find attached a draft copy of Section 401.15.G, Signs of the Zoning Ordinance that reflects the changes that may be required to prevent a "challenge" to the legality of the regulations. As we have discussed, a national sign company has been challenging community's sign ordinances on the basis of freedom of speech. A sign ordinance cannot regulate the content of signage, thus sections of the Oak Park Heights sign ordinance need to be revised that specify a type of sign (Le., real estate, construction, campaign, or holiday) The draft included does not make any changes to the temporary signage or flag requirements. We will discuss this issue at the June 8, 2006 Planning Commission meeting and the other changes required to protect the sign regulations. * 401.15.G. Signs. 401.15.G.1. _ FINDINGS, PURPOSE AND EFFECT: a. Findings: The City finds: 1 Exterior sins have a substantial impact on the character and ualit o the environment. Si • ns •rovide an im • ortant medium throu• h which individuals ma conve a variety of messages. 3) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. The Cit Code has included the re • ulation of si • ns in an effort to •rovide • ade • uate means of ex • ression and to • romote the economic viabilit of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adverse) im • act the aesthetics of the communit and threaten the health safet and welfare of the community. The regulation of physical characteristics of signs within the City has had a positive impact on traffic safety and the overall appearance of the community. b. Pur•ose and intent: It is not the •ur•ose or intent of this si•n ordinance to re•ulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to re.ulate any building desi• n or an dis • la not defined as a si• n or an si • n which cannot be viewed from outside a buildin • . The • ur•ose . nd intent of this ordinance is to: R . ulate the number location size t • a illumination and other • h sical characteristics of signs within the City in order to promote the public health, safety and welfare. Maintain enhance and im• rove the aesthetic environment of the Cit b preventing visual clutter that is harmful to the appearance of the 1 • • • • community. lm• rove the visual a. • earance of the Cit while • rovidin• for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. 4) Provide for fair and consistent enforcement of the sian re• ulations set for herein under the zoning authority of the City. Effect: A si n ma be erected mounted dis • la ed or maintained in the Cit if it is in conformance with the p rovisions of this ordinance. The effect of this ordinance, as more specifically set forth herein, is to: 1) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones. subject to the standards set forth in this sign ordinance. Allow certain small unobtrusive si • ns incidental to the • rinci• al use of a site in all zones when in compliance with the requirements of this sign ordinance. Prohibit si• ns whose location size t • e illumination or other . h sical characteristics negatively affect the environment and where the communication can be accom•lished b means havin• a lesser im •act on laneiseaper the environment and the public health, safety and welfare. 4) Provide for the administration and enforcement of the provisions of this sign ordinance. 401.15.G.2. SUBSTITUTION CLAUSE: The owner of any sign which is otherwise allowed by this sign ordinance may substitute non- commercial copy in lieu of any other commercial 2 or non - commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non - commercial speech, or favoring of any particular non - commercial message over any other non - commercial message. This provision prevails over any more specific provision to the contrary. * Amended Ord. 03- 401 -01, February 6, 2003 401.15.G.3. CONFLICT WITH ZONING ORDINANCE. If there is a conflict that occurs between this Section and other provisions of this Ordinance, as amended, the conditions as set forth in this Section, as amended, shall prevail. 401.15.G.4. DEFINITIONS. Sign Related: 1. Address Sign: g4. Animated Sign: A sign communicating only a street address. 32. Air Inflatable Devices: A balloon that exceeds two (2) feet in diameter. 43. Alteration: Any change to a sign excluding routine maintenance, repair, painting or change of copy of any existing sign. Any sign that uses movement or change of lighting to depict action or create a specific effect or scene, including devices with or without a commercial message, such as spinners and windsocks, but not including barber poles and time and temperature signs. - - - -- - - - - - _ - - - - - - - - - - - • - -- - - - - - - - - - - - - - - - - - - - "-2," -- - - - - - -- - - - 3 • • Artificial Light: 86. Awning: 449. Bannerette: 4210. Beacon: 4411. Bench Signs: 1512. Building Facade: Illumination resulting from internal or external artificial light sources, including glare and reflected light byproducts of artificial light sources. A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded, or collapsed against the face of a support building. 7. Balloon: A flexible, inflated bag in various shapes and colors. 408. Banner: Attention getting devices which resemble flags and are of a paper, cloth or plastic -like consistency. Flexible material that resembles a flag, and has minimum dimensions of two (2) feet by two (2) feet and no larger than three (3) feet by five (5) feet. A Asmaller sized bannerette@ is defined as a pennant. Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source; also, any light with one (1) or more beams that rotate or move. A sign which is affixed to a bench such as at a bus stop. • • r . • • • • • r • • • . _ _ _• • • •_ _• - . . - . • . - . • r- - ._ • - That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. • A - - 4 4q13. Cabinet Sign: A sign that has framing around the entire sign message with a removable face. -- - w d w- w -" w_- 4=914. Canopy Sign: w w w -- w- w■ w w eleetiem The area of copy, graphic, or identification which is affixed to a projection or extension of a building or structure, including a marquee, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. 2015. Changeable Copy Sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this Ordinance. w - - - - w - - w w w - • - - ► / w _ _ w w • - - -- w - w - w - w w w w w w_- - w - _ w - - - r _ 16. Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. 2317. Copy: The wording on a sign surface either permanent or 5 • • • removable Ietter form. - -- -- - - w - r w - . - • _- - - - - - - - - - -- -- • - - - w_ - - - w - w- w w - w w w w w w _ _w w - w _._w_ w - - w- w w w- w - w-- w- w - - -_- - -- w X18. Flag: 2=919. Flashing Sign: w w w w - - w w" - w- w _-- - w - -- - w -- w - w - • - w r w _ -_ _ - -- - -- -- - - - -- - -- - - A piece of cloth or bunting varying in color and design, used as a symbol, standard, emblem, or insignia w � � - � a _ w w _ _---- - -� - -_ • - - - - - An illuminated sign upon which the artificial Tight is not kept constant in terms of intensity or color when the sign is illuminated. 3020. Freestanding Sign: A self - supported sign not affixed to another structure. - - - -- - - - - • • - - - -_ - • - -- - -- - - - - -- 3221. Ground /Low Profile Sign: A sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is not elevated from the ground by 6 3622. Illuminated Sign: means of a pole or free - standing support structure, but is placed directly on the ground or on an interior planter base which is incorporated into such a design arrangement. A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. 3‘)23. Integral Sign: A sign carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure. See canopy. 4225. Maximum Height of Sign: The vertical distance from the base of the sign, 4424. Marquee: 7 • • / 1 / - - - - _ _ - -- - - -- - - -- - _ - _ - - - -_ 4426. Message Sign: 4627. Monument Sign: 4628. Motion Sign: 429. Multi -Faced Sign: 400. Neon Sign: or the grade of the road centerline, whichever is higher, to the top of the sign. A sign which allows for the graphic and /or verbal content to be changed, when desired, through electronic or manual methods. A freestanding sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is attached to the ground by means of a freestanding support structure, is solid from grade to the top of the structure, has materials that are constructed of the same primary building materials of the principal structure, is placed directly on the ground or on an interior planter base which is incorporated into a design arrangement. A monument sign shall be considered as one sign though it may have two (2) faces. Any sign which revolves, rotates, has moving parts, or gives illusion of motion. Any sign with a sign face oriented to more than two (2) directions. Any sign that utilizes a brightly colored gas discharge lamp without filaments that is bent into letters or designs. 8 Sign: 32. Off- Premises Sign: • • • 1 • .. • - • • 31. Non - Commercial Speech: Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. A d iroctional sign located A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off- premises sign. Sign: A sign erected on private proporty which 33. On- Premises Messages: Identify or advertise an establishment, person, activity, goods, products or services located on 9 • • • the premises where the sign was installed. 6434. Opaque: A degree of obscuration of Tight. 6635. Parapet: A low protective wall which is located along the edge of a roof on a building. 6636. Pennants: 6737 Portable Sign: 4838. Principal Building: 6Qt39. Principal Frontage: 6440. Projecting Sign: Flexible material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually triangular shaped and in a series, designated to move in the wind. .. ♦ - ♦ - ♦ ♦ . -_ - - £ • ^ -_ . Any sign which is manifestl designed to be transported, including by trailer on its own wheels, even thou •h the wheels of such sign ma be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the •round since this characteristic is based on the design of such a sign. A building or buildings in which is conducted the principal use of the lot, not including storage buildings, garages, and buildings for other clearly accessory uses. The wall of the principal building on a lot which fronts toward the principal public streets. A sign, other than a wall sign, which is affixed 10 6241. Public Entrance: 6342. Public Entrance, Common: 6643. Pylon Sign: • - 6=7=44. Ribbons or Streamers: 6845. Roof Line: 6446. Roof Sign: 74447. Rotating Sign: to a building and which extends perpendicular from the building wall. Any passage or opening which affords entry and access to the general public or customer. A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. A freestanding sign erected on one (1) or more freestanding shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one (1) sign though it may have two (2) faces. Long or varied lengths of flexible material used to decorate. The top of the cornice or, when the building has a pitched roof, the intersection of the outside wall with the roof. Any sign which is erected, constructed or attached wholly or in part upon any roof or over the highest roof line of a building. A sign which revolves or rotates on its axis by mechanical means. 11 • • • • 7-348. Service Entrance: 74449. Sign: 7550. Sign Area: 7651. Sign Setback: 7752. Sign Structure: 7=853. Special Events: SyStalTh Secondary passage or opening to a structure which is intended for delivery and removal of merchandise or goods, and which is not intended as a public entrance. . Any letter, word or symbol, poster, picture, statuary, reading matter or representation in nature of advertisement, announcement, message or visual communication, whether painted, posted printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. The surface of the sign upon, against or through which the message of the sign is exhibited. The distance from the property line and curb to the nearest part of the sign, measured perpendicularly to the property line or curb. The supports, uprights, bracing and framework for a sign. A temporary indoor or outdoor promotional or sales event. 12 74)54. Street Frontage: 8457. Total Allowable Sign Area: 8458. Traffic Sign: 8659. UL Approved: 4660. Wall Sign: The side of a lot abutting one (1) or more streets. An interior lot has one (1) street frontage and a corner lot has two (2) or more frontages. 8G55. Temporary Indoor Promotional or Sales Event: A temporary promotional or sales event directed towards the general public including only grand openings, storewide sales, craft shows, registration for day care, an educational, recreational, civic or religious activity, and community celebrations. 8456. Temporary Outdoor Promotional or Sales Event: A temporary promotional or special event sale directed towards the general public, including only grand opening sales, storewide sales of materials and products that are typically sold or serviced on the premises, registration for day care, an educational, recreational, civic or religious activity, community celebrations, warehouse sales, tent sales, sidewalk sales, craft shows, flea markets, inventory reduction and liquidation sales, and mechanical or animal rides. ilatuFE The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated so as to create a surface area in excess of this requirement. A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. A device which has been approved by the "Underwriters' Laboratories ". A sign affixed to the exterior wall of a building 13 • • • • 8862. Window Sign: 401.15.G.5. GENERAL PROVISIONS. attachment shall be erected and which is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. Banners do not qualify as a wall sign. 8;61. Wall Graphics: A sign painted directly on an exterior wall. A temporary sign affixed to the outside or inside of a window or inside the building within three (3) feet of a window in view of the general public. a. Traffic Signs. No sign permitted by this Ordinance shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as Astop @, Acaution @, Awarning @, etc., unless such sign is needed to direct traffic on the premises. b. Signs on Fences, Poles, and Natural Features. 14 No signs, guys, stays or laced or maintained on rocks fences or trees, nor interfere with any electric Tight, power, telephone or telegraph wires or the supports thereof, with the exception of signs necessary for security, or to preserve public safety, as determined by the City Council. c. Wall /Roof Attachments. No sign shall be attached to hang from any building until all necessary wall and /or roof attachments have been approved by the Building Official. d. Right -of -Way, Public Lands and Easements. No signs other than those of governmental eigos jurisdictions shall be erected or temporarily placed within any street rights -of -way or upon any public lands or easements or rights-of-way. e. Ingress /Egress. No sign or sign structure shall be erected or maintained if it prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a stand pipe or fire escape. .. _ . . .. • .. .- - - -- -- - • . -- 4f. - -- -- -- -- - -- -- -- - -- - - - - -- -- Sign Maintenance. Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced, as determined by the City Building Official shall be removed, repainted, repaired, or replaced by the permit holder, owner or agent of the property upon which the sign stands. ii. Electrical Building Code. All signs shall be constructed in accordance with the Minnesota State Building Code and the National Electrical Code. The maximum brightness of the signs in combination with the building and site lighting shall not exceed the standards found in Section 401.15.B.7 of this Ordinance. All electrical service wiring shall be buried. th. Hours of Operation. Signs in the R -B, B -1, B -2, B -3, CBD, B -W, and 1 Districts may only be illuminated during business hours, or until eleven o =clock (11:00) PM, whichever is later. ki. External Lighting. Signs with external lighting shall have no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. th. Internal Lighting. Signs with internal lighting shall include illumination of only the text and /or logo portion of the message. Back lighting of signage on fabric awnings is prohibited. 'ilk. Neon. Neon signs shall be limited to channel letter signs, logos, and permanent window signage in the R -B, B -1, B -2, B -3, B -W and 1 Districts. Detailed neon signs, subject to Design Guidelines review, shall be allowed in the CBD District. 15 • • • • #I. Setbacks. No part of a sign or sign structure shall be placed closer to the property line than five (5) feet. gym. Flags. No more than three (3) flags may be displayed outside of a building. This number may, however, be increased to a total of six (6) flags provided an interim use permit is issued in compliance with Section 401.05 of this Ordinance and the following standards are met: 1) No two (2) pairs of flags may be the same. 2) Where multiple flagpoles are used, there shall be a maximum spacing of twenty (20) feet allowed between the poles. fin. Angle Signs. The maximum angle permitted between faces of a double face freestanding sign is sixty (60) degrees, anything less is one (1) sign, anything more is two (2) signs. - - - - - - - - - - - - - - - - - - - - - - - - - - 401.15.G.6. PERMITTED SIGNS IN ANY ZONING DISTRICT. The following signs are allowed without a permit unless otherwise specified. These signs, if placed in accordance with the following standards, will not apply toward the maximum allowable sign area, but shall comply with all other applicable provisions of this Ordinance. 8a . • -- - - -- • - - -- - - - Non - Commercial Speech Signs. 16 rr • • r • r r _ • • • • _r r — _ - _ • • w -- — • s __ • rw r • . Notwithstanding any other provisions of the sign ordinance, all signs of any size containing non - commercial speech may be posted from August in any general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special . election until ten (10) days following the special election, in accordance with Minnesota State Statutes Section 211B.045, as amended. r r r • • r • • • • • r r • • ♦ • w ♦ • • w w ww w w • w ♦ • / • r • r • • w • • the=propeit c) Tho contont of tho commorcial moccago on thoco eignc ehall d Such cigrc ehall not moacuro moro than twolvo (12 17 cquaro sthor dictrictc. Tho forty (1A) cquaro foot limitation may bo • • • • • eiffne feet: • 18 • w • • • r • w _ r__w r - -r w • r_r r _ ► • rw - �_� - -� r • r r_ - r -• _ ♦ _ _ _ _•_ _ • • • • w 1 w • • mob. Signage on bus benches, as regulated in, the Oak Park Heights Code of Ordinances. For the purposes of this Ordinance, such signage shall not be considered to be off- premises asilaieFtifiiRg signage. ��. Permanent Window Signage. Shall not exceed twenty -five (25) percent of the total area of the window in which they are displayed. Lettering used in permanent window signage exceeding three and one -half (3.5) inches in height shall be included in the calculations of allowable sign area permitted on that side of the building. Use of neon for permanent window sign shall be allowed within the requirements of this Section. ed. Temporary Window Signs. Temporary window signs shall be permitted within the R -B, B -1, B -2, B -3, CBD, B -W and 1 Districts, provided that they do not exceed ten (10) percent of the front building facade. e. Additional Allowed Signs., 1) Two (2) signs not exceeding twelve (12) square feet shall be allowed per lot. 2) Upon a. • royal of a final • Iat for a subdivision havin. not less than five (5) lots provided that: a) One (1) sign shall be allowed per project or subdivision or one 1 si • n for each fronts • e to a ma collector or arterial 19 • • • street, whichever is greater. The area of the si• n shall not exceed thirt two 32 s uare feet. Freestandin • si • ns shall be limited to a maximum hei • ht of eight (8) feet. The si.n shall not be displayed for a period to exceed twenty four (24) months from the date a permit is issued for the si • n or until buildin • permits have been issued for eighty -five 85 percent of the lots or dwelling units within the subdivision whichever is less restrictive. A si n shall be allowed for a subdivision havin• not less than three 3 lots or •rinci•al buildin•s at its entrance from a ma or collector or arterial street provided that: a) Not more than one (1) sign shall be allowed at each entrance from a major collector or arterial street. The area of each si n shall not exceed fift 50 s • uare feet. Freestandin. -si • ns shall be limited to a maximum hei • ht of fifteen (15) feet. d The sign(s) shall be located to accommodate said sign and related landscaping to meet all setback requirements. If the sign(s) are to be located on outlots, the outlots shall be designated on the preliminary plat and detailed plans for the area identification sins shall be submitted with the final plat. The area around the sign shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review and approval of the Zoning Administrator. f) The design and construction of the sign shall be done with the hi. hest . ualit materials and workmanshi • to kee • maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. The signs are to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. 20 4) Additional signs shall be allowed upon approval of a final plat for a subdivision having not less than three (3) lots or approval of site and building plans for one (1) lot by the Zoning Administrator provided that: Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject to the review and approval of the Zoning Administrator. a) One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater. The area of the sign shall not exceed sixty four (64) square feet. Freestanding signs shall be limited to a maximum height of eight (8) feet. The sign shall not be displayed for a period to exceed twelve months (12) months from the date a permit is issued for the sign or until o Hermits have been issued for eight five (85) percent of the tenant spaces within the development, whichever is less restrictive. 401.15.G.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs are prohibited in all zoning districts: a. Any sign which obstructs or impairs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. b. Any sign which contains or imitates an official traffic sign or signal, - - - -" - - - -- -- c. Off - premises wilaieFtioing=and4iFeet401464 signs. d. Business signs on or attached to equipment, such as semi -truck trailers, being used in such a manner that advertising is a principal use of the equipment. e. Animated signs. f. Projecting signs (exceptions allowed in the CBD District) 21 • • Roof signs. h. sSigns displayed on vehicles within open sales Tots. i. Any sign which contains or consists of banners, bannerettes, pennants, ribbons, streamers, strings of light bulbs, balloons and hot or cold air inflatable devices, spinners or similar OUWOOP=a4.0aFtifying devices, except as may be approved by a special event permit in accordance with the provisions as set forth in Section 401.15.G.8 of this Ordinance. j. Portable signs. k. Wall graphics. I. Beacons. m. Multi -faced signs. n. Signs supported by guy wires. o. Cabinet signs on buildings . p. Signs and /or posts which are tacked onto trees, fences, utility poles or other such permanent supports, except safety signs and signs found on fences of athletic facilities . q. All signs over four hundred (400) square feet in area. 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. b. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts, shall be allowed three (3) special events per calendar year. Each special event shall not exceed ten (10) days and shall not be extended for a total of three (3) consecutive time periods for each business. Once the time period has expired for the special event the applicant shall wait the same number of days that the sign permit was issued to start a new special event. c. Permitted Signs. 22 The afilveftievingAeWees signs described below are permitted for special events in addition to the maximum allowable sign area, provided they are professionally done and the following standards are met and complied with: 1) Small Balloons. a) The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension, except that balloon arches not exceeding eight (8) feet in height shall be allowed. b) Small balloons may be multi colored and incorporate logos and messages. c) Helium balloons shall be refilled daily. 2) Tents. 3 a) Tents, including all ties, ropes, stakes, etc., shall be located entirely upon the permittee =s property and shall comply with the City =s setback requirements for accessory buildings. Bannerettes. a) Bannerettes may be used on light standards or flag poles. b) No more than one (1) bannerette shall be allowed per standard or pole. Banners. Bannerettes shall be smaller than any United States flag on the property, and shall not be flown at a height greater than any United States flag allowed on the property. a) Banners may be attached to poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. b) No more than two (2) banners shall be allowed. c) Banners shall not be larger than one hundred (100) square feet nor higher than the wall of the principal building on the 23 • • • • 5 lot. Search lights. a) Search lights as regulated in Section 401.15.B.7.g.1) of this Ordinance. d. Prohibited Signs for Special Events. The signs described below are prohibited for special events: 1) Animated signs, Tight bulb strings, pennants, portable signs, ribbons, and streamers. 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 4) Large balloons or collections of small balloons exceeding two (2) feet in diameter, except for balloon arches not exceeding eight (8) feet in height. 5) Additional lighting that does not meet this Ordinance. 6) Any advertising device in the public right -of -way. 7) Air inflatable devices. e. Sign Permit Requirements for Special Event Lot Decorations. Before any special event signs or decorations shall be permitted to be used for an event, the responsible property owner or organization shall submit a completed application for a sign permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. Only after the City issues the sign permit, may a business display the special event signs and decorations. f. Violations. 1) It is a violation for any person, company, or organization to provide, erect or display any beacons, balloons or other advertising device which is not in conformity with the provisions of this Section. 24 2) Special event signs and decorations not removed by the last day of the special event. 401.15.G.9. DISTRICT REGULATIONS. a. R -1, R -1 A, R -1 B, R -1 C, Single Family Residential and R -2, Low to Medium Density Residential Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to: 1) One (1) nefneplatissign for each unit in a single and two family residential dwelling not exceeding two (2) square feet in area per surface. Lots abutting more than one (1) right -of -way shall be allowed one (1) fianiaphate sign not to exceed two (2) square feet in area per frontage. 2) Any multiple dwelling structure with three (3) or more units shall be allowed one (1) monument sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed thirty -two (32) square feet. 3 4 Other non - residential uses permitted or conditionally permitted in the R -1, R -1 A, R -1 B, R -1 C, and R -2 Districts shall be allowed one monument sign, not to exceed eight (8) feet in height and one (1) wall sign, the aggregate square footage of sign space shall not exceed forty (40) square feet. The signs shall not be illuminated except by conditional use permit as provided for in Section 401.03 of this Ordinance. One (1) freestanding sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed four (4) square feet shall be allowed for home occupations as provided for in Section 401.15.M of this Ordinance, and day care nursery facilities as provided for in Section 401.15.N of this Ordinance. The sign shall not be illuminated except by conditional use permit as provided for in Section 401.03 of this Ordinance. One (1) freestanding sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed six (6) square feet shall be allowed for bed and breakfast facilities as provided for in Section 401.22.E.3 of this Ordinance. The sign shall not be illuminated except by conditional use permit as provided for in Section 401.03 of this Ordinance. 25 • • • 6 4 5 b. 0, Open Space Conservation and R -3, Multiple Family Residential Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to: 1) One (1) nameplate sign for each unit in a single and two family dwelling not exceeding two (2) square feet in area per surface. Lots abutting more than one (1) right -of -way shall be allowed one (1) nomeia4ate sign not to exceed two (2) square feet in area per frontage. 2) Any multiple family structure with three (3) or more units shall be allowed a total of four (4) signs for any one (1) project to include the following: • b) Wall signs not more than twenty -four (24) square feet nor higher than the top on the parapet wall or eave. 3) Other non - residential uses permitted or conditionally permitted in the 0, Open Space Conservation or R -3, Multiple Family Residential Districts shall be allowed one monument sign, not to exceed eight (8) feet in height and one (1) wall sign, the aggregate square footage of sign space shall not exceed forty (40) square feet. Exceptions in numbers of height or size of signs may be allowed for the signs indicated in Section 401.15.G.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. a) One (1) lar=0jOetAileigitifirtiell monument sign per entrance to the project not to exceed twenty -four (24) square feet or eight (8) feet in height. Parks or public facilities shall be allowed one (1) monument sign per street entrance, not to exceed eight (8) feet in height and one (1) wall sign. The aggregate square footage of sign space shall not exceed sixty (60) square feet. Exceptions in numbers of, height, or size of signs may be allowed for the signs indicated in Section 401.15.G.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. c. P/1, Public Institutional; R -B, Residential Business; and B -1, Neighborhood Business Districts. Except as otherwise provided in this 26 Ordinance, signs in these districts shall be limited to three (3) signs per principal use upon the subject property, subject to the following conditions: 1) One (1) freestanding monument sign per entrance not more than forty (40) square feet or more than eight (8) feet in height; 2) Wall signs not more than forty (40) square feet nor higher than the top of the parapet wall or eave. 3) Parks or public facilities shall be allowed one (1) monument sign per street entrance, not to exceed eight (8) feet in height, and one (1) wall sign. The aggregate square footage of sign space shall not exceed sixty (60) square feet. 4 Exceptions in numbers of, height, or size of signs may be allowed for the signs indicated in Section 401.15.G.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. d. B -2, General Business; B -3, Highway Business and Warehousing; B- W, Business/Warehousing; and 1, Industrial Districts. Except as otherwise provided in this Ordinance, single occupancy business signs in these districts shall be limited to: 1) Maximum Allowable Sign Area. B -2 and B -3 Districts B -W and 1 Districts 27 Column A Column B Column C Allowable Percentage Total Sign Area Allowable Allowable 100 SF or 125 SF or 15 %up to 18% up to Footnotes: 1 Allowable sign area regardless of building facade. 300 SF 400 SF 2 Maximum allowable sign area based on percentage area of front building facade. When a building faces two (2) or more streets, calculation of the maximum allowable sign area shall be based upon the front building facade and the smallest building facade facing a street frontage. 3 Total maximum allowable sign area per lot or business. Sign areas exceeding the maximum shown on column c) but less than the area allowed in column b) hereof, may be allowed by conditional use permit or as part of an approved planned unit development. • • • • Freestanding Signs. a) A maximum of one (1) freestanding sign is allowed upon any single lot. Sign area may not exceed one hundred (100) square feet and a maximum height of twenty (20) feet. The freestanding sign base shall be surrounded with a landscape planter at least three (3) feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and /or flower materials. C� Two (2) additional freestanding signs may be allowed provided they are in compliance with the following standards: (1) The signs are constructed as a monument sign and shall not exceed a height of eight (8) feet. (2) Decorative shrubbery and /or flowers must be incorporated as a part of the monument design and are maintained on a regular basis. (3) (4) Monument signs may incorporate additional berming on a slope of three to one (3:1) where the berming is incorporated into an overall landscape design plan. Landscaping shall be provided on the slopes of the berm in an interesting and varied appearance. Where a planter box is incorporated, the landscaping shall occur in and around the planter with a similar attractive design. In both cases, the height of the sign, including the planter box shall not exceed eight (8) feet. (5) The gross area of the signs, when added together with all other freestanding and wall sign areas, does not exceed the maximum allowable sign area established for the lot. Signs allows pursuant to Section 401.15.G.6 of this Ordinance. The cumulative total sign area, when added to the gross sign area of all wall signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to Section 401.15.G.6 of this Ordinance, shall not exceed the maximum allowable sign area under Section 401.15.G.9.d.1) of this Ordinance. 28 3 Wall Signs. a) The maximum number of wall signs on any principal building shall be two (2), and in all cases, each sign shall be placed on a separate building facade, with or without street frontage except as allowed for multiple occupancy buildings in Section 401.15.G.10.d of this Ordinance. b C� d The maximum number of wall signs allowed may be increased over two (2) by conditional use permit for single occupancy buildings provided the following minimum standards are met: (1) There shall be no freestanding sign exceeding eight (8) feet in height upon the lot. (3) The wall signs shall be identical in style, wefding, color, and size. The cumulative total sign area, when added to the gross sign area of all freestanding signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to Section 401.15.G.6 of this Ordinance, shall not exceed the maximum allowable sign area under Section 401.15.G.9.d.1) of this Ordinance. Signs may also be placed on the side of a building not facing a street. No building site may have signage in excess of the signage allowed for that side of the building based upon the maximum allowable sign area of the building facade. e. CBD, Central Business District. Except as otherwise provided in this Ordinance, single occupancy business signs in these districts shall be limited to: 1) Maximum Allowable Sign Area. CBD District 50 SF or 29 Column A Allowable Sign Area Column B Percentage Allowable Column C Total Allowable 10 %up to 200 SF • • • Footnotes: 1 Allowable sign area regardless of building facade. 2 Maximum allowable sign area based on percentage area of front building facade. When a building faces two (2) or more streets, calculation of the maximum allowable sign area shall be based upon the front building facade and the smallest building facade facing a street frontage. 3 Total maximum allowable sign area per lot or business. Sign areas exceeding the maximum shown on column c) but less than the area allowed in column b) hereof, may be allowed by conditional use permit or as part of an approved planned unit development. 2 Freestanding Signs. a) A maximum of one (1) freestanding sign is allowed upon any single lot. Sign area may not exceed forty (40) square feet and a maximum height of eight (8) feet. Decorative shrubbery and /or flowers must be incorporated as a part of the monument design and are maintained on a regular basis. b Two (2) additional freestanding signs may be allowed provided they are in compliance with the following standards: (1) The signs are constructed as a monument sign and shall not exceed a height of eight (8) feet. (2) Decorative shrubbery and /or flowers must be incorporated as a part of the monument design and are maintained on a regular basis. (3) The gross area of the signs, when added together with all other freestanding and wall sign areas, does not exceed the maximum allowable sign area established for the lot. (4) Monument signs may incorporate additional berming on a slope of three to one (3:1) where the berming is incorporated into an overall landscape design plan. Landscaping shall be provided on the slopes of the berm in an interesting and varied appearance. Where a planter box is incorporated, the landscaping shall occur in and around the planter with a similar attractive design. In both cases, the height of the 30 C� (5) Wall Signs. sign, including the planter box shall not exceed eight (8) feet. Signs allows pursuant to Section 401.15.G.6 of this Ordinance. The cumulative total sign area, when added to the gross sign area of all wall signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to Section 401.15.G.6 of this Ordinance, shall not exceed the maximum allowable sign area under Section 401.15.G.9.d.1) of this Ordinance. a) The maximum number of wall signs on any principal building shall be two (2), and in all cases, each sign shall be placed on a separate building facade, with or without street frontage except as allowed for multiple occupancy buildings as allowed in Section 401.15.G.10.d of this Ordinance. b d C� The maximum number of wall signs allowed may be increased over two (2) by conditional use permit for single occupancy buildings provided the following minimum standards are met: (1) There shall be no freestanding sign exceeding eight (8) feet in height upon the lot. (2) The wall signs shall consist of individual letters. (3) The wall signs shall be identical in style, wording, color, and size. The cumulative total sign area, when added to the gross sign area of all freestanding signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to Section 401.15.G.6 of this Ordinance, shall not exceed the maximum allowable sign area under Section 401.15.G.9.d.1) of this Ordinance. Signs may also be placed on the side of a building not facing a street. No building site may have signage in excess of the signage allowed for that side of the building based upon the maximum allowable sign area of the building facade. 31 • • • • • • f. Sign Tables. Sign tables that summarize the district sign allowances, in addition to those signs allowed by Section 401.15.G.6, are found on the following page. 32 SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET* Zoning District 4,1 Freestanding/ Went - eatieff Freestanding Wall Temp mew Window stRietieR 8 All Uses Res. Non- Res. All Uses Res. Non - Res. O g 2 — -- 24 40 -- 24 40 — 25 % 32 49 R-1/R-2 g 2 — -- 32 40 -- 32 40 — 25 % O2 42 R -3 9 2 — -- 24 40' -- 24 40' — 25 % 48 8 R -B 9 9 4 40 -- -- 40 -- -- 4944, 25 % 48 42 B -1 9 — 4 40 -- -- 40 -- -- 4044 25 % 48 49 B -2 9 -- 4 100 -- -- - - -- -- 4 G% 25 %6 48 49 B - 3 9 -- 4 1 00 -- -- - - -- -- 25 % 48 49 CBD 9 -- 4 40 -- -- — -- -- 49 25 % 48 49 BW 9 -- 4 100 -- -- ....5 -- -- 49 25 % 48 49 I 9 -- 4 100 -- -- - - -- -- 44 25 % 48 49 P -I 9 -- -- 40 -- -- 40 -- -- — 25 % 48 49 SIGN TYPE AND MAXIMUM HEIGHT IN FEET* Zoning District Freestanding Monument Freestanding/ Wall As $ems - sin O 8 8 Top of parapet wall or eave 34411, 42 42 R-1/R-2 8 6 Top of parapet wall or eave 344fh 44 42 R -3 8 8 Top of parapet wall or eave 3-544: 42 42 R -B 8 8 Top of parapet wall or eave 3:5 -in- 42 42 B -1 8 8 Top of parapet wall or eave 35 --in: 42 42 B -2 8 20 Top of parapet wall or eave &4n 42 42 B -3 8 20 Top of parapet wall or eave 42 44 CBD 8 8 Top of parapet wall or eave 344R, 42 42 BW 8 20 Top of parapet wall or eave 35-im 42 44 I 8 20 Top of parapet wall or eave 34-4: 49 4 P -1 8 8 Top of parapet wall or eave 49 42 1 Aggregate square footage of both freestanding and wall signs not to exceed 40 square feet. 2 Aggregate square footage of both freestanding and walls signs not to exceed 32 square feet. 3 Allowable sign area is 100 square feet or 15% of front building facade up to 300 square feet. 4 Allowable sign area is 50 square feet or 10% of front building facade up to 200 square feet. 5 Allowable sign area is 125 square feet or 18% of front building facade up to 400 square feet. 6 Percentage based upon total window area. 7 Percentage based upon front building facade. * Not a complete listing. Please refer to Section 401.15.G.9, District Regulations and Section 401.15.G.10, Special District Provisions for specific standards. 33