Planning Commission Agenda 10-07-2008a
AGENDA
MONTICELLO PLANNING COMMISSION
Tuesday, October 7th, 2008
6:00 PM
Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and
Barry Voight
Council Liaison: Susie Wojchouski
Staf£ Angela Schumann, Gary Anderson, Steve Grittman - NAC
1. Call to order.
2. Consideration to approve the Planning Commission minutes of September 2nd, 2008.
3. Consideration of adding items to the agenda.
4. Consideration to review for discussion and decision sign ordinance policy statements for the
purpose of developing an amended sign ordinance.
5. Adjourn.
MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, September 2nd, 2008
6:00 PM
Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz,
and
Barry Voight
Council Liaison: Susie Wojchouski
Staff: Angela Schumann, Gary Anderson, Steve Grittman - NAC
1. Call to order.
Chairman Dragsten called the meeting to order and declared a full quorum of the
Commission present.
2. Consideration to approve the minutes of August 5th, 2008.
It was clarified that Commissioner Voight made a motion to approve the minutes of June
3~ and July 1St, 2008. Commissioner Spartz seconded those minutes.
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MOTION BY COMMISSIONER HILGART TO APPROVE THE PLANNING
COMMISSION MINUTES OF AUGUST Sth, 2008.
MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 5-0.
3. Consideration of adding_items to the agenda.
NONE.
4. Citizen comments.
NONE.
5. Public Hearing -Consideration of a request for Amendment to Conditional Use Permit for
Planned Unit Development for an expansion of services for a Senior Housing Proiect in a
Performance Zone Mixed (PZM) District. Applicant: Presbyterian Homes/Mississippi
Shores
Planner Grittrnan reviewed the staff report, stating that the proposed addition is located
on the east side of the building. The purpose of the addition is for a wellness center for
the current residents. It is not increasing the unit count or activity capacity.
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In terms of meeting ordinance requirements, the proposed addition meets setback
requirements and no additional parking demand is created by the addition. It meets all
other zoning standards. Grittman noted that the expansion is being developed with
materials similar to the existing building. Staff is recommending approval with no
conditions.
Spartz inquired how the parking demand would not be impacted, even though the
building was becoming larger. Grittman responded that the ordinance regulates parking
based on use. For Mississippi Shores parking demand is based on the residential unit
capacity, therefore parking demand is not increased for the wellness center activity alone.
Gabler inquired if the applicant is making any changes to lighting or landscaping.
Grittman indicated that they were not. Dragsten referred to need to amendment to CUP.
Grittman confirmed that any change beyond the original scope, including that for square
footage, required an amendment to PUD.
Chairman Dragsten opened the public hearing.
Dan Lemm, 113 Cameron Avenue NE, asked if the land on which MIssisippi Shores is
located is owned by the hospital district. He commented that if the hospital owns the
property, then they should be the applicant for this permit.
Dustin Sayre, representing Presbyterian Homes, addressed the Commission. Sayre
confirmedithat there was a property agreement, and Presbyterian Homes now owns the
property. He explained that Presbyterian Homes owns properties all across the Twin
Cities area. Sayre indicated that the wellness center will primarily be used as a fitness and
exercise area.
MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE
AMENDMENT, BASED ON A FINDING THAT THE PROPOSED ADDITION IS
CONSISTENT WITH ALL ZONING REGULATIONS OF THE APPLICABLE B-3
AND PZM DISTRICTS.
MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 5-0.
Spartz recommended that prior to this item being presented to the Council, Presbyterian
Homes should provide verification that they own the property.
6. Public Hearing -Consideration of a request for Conditional Use Permit for aDrive-Through
Facility Joint Parking and Joint Access and a request for Final Plat for Riverview Square
Second Addition.
Applicant: BroadwayMarket Investors, LLC
Planner Grittman provided a review of the staff report for the request. Grittman stated
that the conditional use permits will formalize the cross easement agreement needed
between the two properties and allow for a drive through facility for the bank.
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Grittman stated that a review of the plat and site plan has indicated that setbacks and plat
requirements are complaint. Grittman noted that the access points have been reviewed
and found to be acceptable and that the sign plan is complaint and consistent with
ordinance requirements. Screening and landscaping also meet code requirements, as does
the lighting plan, with a few tweaks at perimeter.
Grittman illustrated the building elevations for the Commission. He noted that staff had
met with the applicant regarding the conditions in Exhibit Z. The applicant stated that
they would have no problem with meeting those conditions.
With those comments, Grittman stated that staff are recommending approval of the
request.
Dragsten asked about minimum width for parking spaces. Grittman noted that the 8'
space has a van accessible space adjacent to it for handicap accessibility.
Dragsten confirmed that the free-standing sign will be a monument sign. Grittman
confirmed. Dragsten noted irrigation was recommended, but was not a condition.
Grittman noted that irrigation is not required by the ordinance, but it is always a
recommendation.
Wojchouski asked if there is signage on the southwest elevation. Grittman confirmed
that there is sign identification on the tower, but there is none on the wall itself.
However, the monument sign will also be visible on that side.
Chairman Dragsten opened the public hearing
Dan Lemm again addressed the Commission. He inquired whether there would be a will
push button door for handicap accessibility. Dragsten stated that the building code would
dictate that element. Lemm stated that it may not be code for the state, but he would ask
the Commission to consider it.
Sean Lathrop, KKE Architects, addressed the Planning Commission, representing the
applicant. He noted that while there is no code that requires push door operators, but the
doors are constructed to be handicap accessible. Dragsten asked if there are cash
machines. Lathrop confirmed that there will be a drive up ATM on the outside lane.
Dragsten asked Lathrop to confirm that the materials on the outside will be what appears
on the building. Lathrop confirmed that they would be. Voight asked Lathrop to address
the elevation for the longest wall. Lathrop referred to mansard at 23' in height, while the
top of drive thru is at 15 feet. He noted that the mansard base is Kasota stone, as are all
the piers. 'These variations will provide visual appeal and creak-up.
Grittman noted that there is a small retaining wall on the site, which is just to hold the
elevation of the site; it is just a couple of feet high. It is not a screening wall.
Dragsten asked if they would be irrigating. Lathrop stated that he would assume so, but
he will bring it to the attention of the client. Spartz inquired if the applicant is aware of
the conditions. Lathrop confirmed and stated that there are no issues with meeting the
conditions.
Chairman Dragsten closed the public hearing, no other comments. •,
MOTION BY COMMISSIONER HILGART TO APPROVE THE REQUEST FOR
CONDITIONAL USE PERMITS AND FINAL PLAT APPROVAL, BASED ON A
FINDING THAT THE DRIVE THROUGH LANE AND PROPOSED USE ARE
CONSISTENT WITH THE INTENT OF THE PZ-M DISTRICT AND UNDERLYING
B-3 DISTRICT, AS WELL AS THE REQUIREMENTS OF THE BROADWAY
MARKET APPROVAL, SUBJECT TO THE CONDITIONS OUTLINED IN EXHIBIT
Z AS FOLLOWS:
1. The applicants execute across-parking and access agreement with the Broadway
Market property owners to ensure proper access and shared parking.
2. The applicant shall comply with all recommendations of the City Engineer.
MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 5-0.
7. Public Hearing -Consideration of a request for PreIiminar~and Final Plat for Monticello
Commerce Center Eighth Addition and a Request for Rezoning from I-IA (Light Industrial
and B-2 (Limited Business to B-4 (Regional Business). Applicant: I & S Group, Inc.
Planner Grittman reviewed the staff report, stating that the applicant is requesting an
approval for preliminary and final plat for Monticello Business Center 8a' Addition.
Grittman clarified that the original version of the final plat document is actually incorrect.
The only platting that is occurring is for the subject parcel itself, there are no outlots. A
revised plat illustrating that condition has been provided in the packet, as well.
Grittman stated that when reviewing plat, the City needs to make sure that any plat is
consistent with the subdivision ordinance. Development on that site must be consistent
with the zoning ordinance. Grittman noted that this is not a CUP or PUD. In those
circumstances, the Planning Commission is used to reviewing architecture. In this case,
the rezoning and plat review do not offer the opportunity to incorporate design
comments. As such, staff has held comments to zoning compliance only.
Grittman indicated that the plat is a single lot at7.6 acres, which is proposed to be rezoned
to B-4, the City's standard retail commercial district. The site is currently split by two
zoning districts. The land to the east is zoned B-2, and the land to the west is I-lA. The
single lot is proposed as B-4, which would accommodate the use proposed as permitted.
The applicant's plan is for a single building retail structure. The site itself has about
390+ parking spaces, based on staff report. Grittman stated that by ordinance, 420
spaces are required, based on the 93,325 square foot retail building proposed. That size
includes a mezzanine and dock space. Parking standards apply to usable square footage
of the building. The applicant is also proposing a proof of parking arrangement to meet
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the 420 required spaces. It is staff's assumption that 392 spaces is probably more than
needed and staff is recommending the parking arrangement as shown.
Grittman ex lained that the a licants h v n
p pp a e of shown signage information, which will
be shown at a future time and a separate application will be made. If it is consistent with
the code, it may not come before Planning Commission. Grittman indicated that staff did
make some notes on landscaping requirement, as per code they need another 33 overstory
trees. These will also help to accomplish additional screening of the dock area. Staff did
meet with applicant and they are agreeable to revising this item.
Grittman noted that the loading docks are on the Chelsea Road side. This is acceptable
under the code, providing that docks do not face the street. In this case, they will need an
8' screening wall, and will have recessed docks. The combination of those items with the
landscaping additions will meet screening requirements.
Grittman stated that the lighting plan does bleed in excess of code requirements, but the
applicants indicated that they will modify to meet requirements. He explained that the
engineer's comments will not require any redesign of the site, and the applicants will be
required to meet the requirements. Staff had one comment related to access, which is a
provision for access to adjoining commercial properties. Grittman stated that every
development will have access, but to the extent that street access will be allowed, the
engineers will work with development to limit them wherever possible. There is an
understanding that we don't know what developments might be, but the applicant has
indicated that they would be willing to work with the City as the adjoining lands develop.
Hil art asked about B-4 zonin statin that extendin B-4 zonin all the wa alon the
g g, g g g Y g
north side might make sense. Grittman noted that the comp plan guides this area as
commercial, but that question might be answered by the property owner.
Spartz inquired if this area would be impacted by the proposed Fallon Avenue overpass.
Grittman stated it would be running west of this site.
Gabler asked if the Commission could address the plainness of the building.
Chairman Dragsten opened the public hearing.
Bob Doren, addressed the Commission. Doren stated that he is the site building manager
from the corporate office of Kohl's. Bruns also introduced Lynn Bruns of I & S
Engineering. Doren addressed the landscaping around dock, stating that Kohl's will
make those enhancements in the green space along the boulevard due to tight spacing
near the building and dock.
Dragsten asked if something can be done to enhance the wall planes of the building. The
internal architect for Kohl's stated that this is a pre-cast structure, which is a new
prototype for Kohl's. Right now, they are generating new ways of looking at these
buildings, and part of that is a way to break up the building. Since this is pre-cast, the
architect stated that they will use paint changes to give it more visual interest and depth.
Future elevations will show that. West elevation use a parapet feature. Dragsten noted
that there is significant elevation exposure along I-94, and visual appearance is important
for the City.
Dragsten asked if they can comply with Exhibit Z. Doren stated that other than the
landscaping change noted, they would comply.
Dragsten asked if their free-standing sign would be on two metal posts. Doren stated that
they do not have a sign package ready, but that it is basically one pole. Bruns stated that
they may negotiate anoff-premise sign. Dragsten commented that the Commission is
working on changing the sign ordinance. As part of that, they are working on getting
signs to be similar to building style. Doren stated that right now the concept is a single
pole. There is potential for a monument sign with a panel for Kohl's and others.
Dragsten asked about timeframe. Doren stated that plans are for March 2010 opening,
but they maybe asked to look at an October 2009 opening.
Dragsten inquired about rezoning along Chelsea. Charlie Pfeffer, representing the land
owner, indicated that the reason for rezoning portions at a time has to do with real estate
taxes and the tax classification of the property. At this time, they would support only the
rezoning of this portion.
Hearing no further comments, Chairman Dragsten closed the public hearing.
Voight stated that concern about landscaping adjacent to screening wall is reasonable.
Dragsten stated that if they improve the wall plane, the City can adjust the screening.
MOTION BY COMMISSIONER SPARTZ TO RECOMMEND APPROVAL OF THE •
REZONING TO B-4, BASED ON A FINDING THAT THE PROPOSED REZONING
IS CONSISTENT WITH THE COMPREHENSIVE PLAN.
MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 5-0.
MOTION BY COMMISSIONER SPARTZ TO RECOMMEND APPROVAL OF THE
REQUEST FOR PRELIMINARY PLAT APPROVAL, BASED ON A FINDING THAT
THE PROPOSED PLAT IS CONSISTENT WITH THE INTENT OF THE B-4,
REGIONAL BUSINESS, SUBJECT TO THE CONDITIONS OUTLINED IN EXHIBIT
Z AS FOLLOWS.
1. Internal cross access easements to future development surrounding the Kohl's
site must be provided. The provision of these accesses maybe made as a part
of the development agreement.
2. Signage is not a part of preliminary plat approval. The applicant must submit
a signage plan as part of a separate review and approval.
3. Submitted landscape plan must be revised to include an additional thirty (33)
overstory trees or equivalent understory plantings. These trees must be not
less than 25% deciduous and 25% coniferous.
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4. The area adjacent to the loading dock must be landscaped with a layered
vegetated screen to run the length, including overstory trees, shrubs and
perennials.
The retaining wall must be a minimum eight (8) feet above finished grade.
6. The developer must provide financial security that guarantees live growth of
the plant materials for a two (2) year period from the date of installation.
7. The applicant shall provide a separate trail easement document to encompass
the existing trail along the north side of Chelsea Road.
The final plat is subject to the review and comment of Mn/DOT.
9. The applicant shall comply with all recommendations of the City Engineering
staff.
MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 5-0.
Sign Ordinance Amendment Update
Grittman referred to a timeline presented to the Planning Commission for the process of
amending the sign ordinance. Dragsten stated that it his goal to have it done and in place
in February to accommodate spring commercial development.
9. Ad'ourn.
MOTION TO ADJOURN BY COMMISSIONER SPARTZ.
MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 5-0.
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Planning Commission Agenda - 10/07/08
4. Consideration to review for discussion and decision sign ordinance policy
statements for the purpose of developing an amended sign ordinance. (NAC)
REFERENCE AND BACKGROUND
The Planning Commission has held two public meetings to gather input on the revision of
the sign ordinance. At this time, staff believes it is appropriate to begin structuring the
new ordinance. In order to develop the structure, further definition on major sign policies
is needed. In this meeting, planning staff has framed seven major policy areas for the
Commission's discussion and decision. While a unanimous decision may not be
achieved, it will be important to achieve a consensus prior to beginning the process of
formulating ordinance language.
SUPPORTING DATA
A. Sign Ordinance
B. Sign Ordinance Policy Questions
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whereupon muting is to occur and repairing the degradation of roadways used to
transport soils.
Subject to the terms of an approved subdivision development agreement or
conditional use permit, a grading permit allowing mining shall be issued by the
City Engineer and City Building Official. Upon application for a grading
permit for mining, a fee for grading permit shall be paid to the City by the
applicant. Such fee shall be determined by City Council resolution.
(#322, 4/12/99)
3-9: SIGNS:
[A] PURPOSE: This subdivision is established to protect and promote health,
safety, general welfare, and order within the city of Monticello through the
establishment of a comprehensive and impartial series of standards, regulations,
and procedures governing the type, numbers, size structure, location, height,
lighting, erection, use and/or display of devices, signs, or symbols serving as a
visual communication media to persons situated within or upon publicright-of-
ways or properties.
The provisions of this subdivision are intended to encourage opportunity for
effective, orderly communication by reducing confusion and hazards resulting
from unnecessary and/or indiscriminate use of communication facilities.
[B] PERMITTED AND PROHIBITED SIGNS:
1. PERMTI"I'ED SIGNS: The following signs are allowed without a permit
but shall comply with all other applicable provisions of this subdivision:
(a) Public signs
(b) Identification signs: There maybe one (1}per premise not to
exceed two (2) square feet in area. If the sign is freestanding, the
total height may not exceed five (5) feet.
(c) Integral signs
(d} Political campaign signs: Shall not exceed twelve (12} square feet
in all other zoning districts. Every campaign sign must contain
the name and address of persons responsible for such sign, and
that person shall be responsible for its removal. Signs shall
remain in place for no longer than five (5) days after the election
for which they are intended. All signs shall be confined to private
property. The City shall have the right to remove and destroy
unsightly signs or remove signs after the five {5} day limit and
assess a fee of five dollars ($5.00) per sign for removal.
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(e} Holiday Signs: Displayed for a period not to exceed thirty (30)
days.
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(f} Construction Signs: Such signs shall be confined to the site of the
construction, alteration, or repair, and shall be removed within two
{2) years of the date of issuance of the first building permit or
when the particular project is completed, whichever is sooner as
determined by the City Building Inspector or his agent. Une (1)
sign shall be permitted for each major street the project abuts. No
sign may exceed fifty (50) square feet.
(g) Individual Property Sale or Rental Signs: Signs must be removed
within fourteen (14) days after sale or rental of property. Signs
may not measure more than four (4) square feet in "R" districts,
nor more than twenty (20) square feet in all other districts. There
shall be only one {1) sign per prenuse. Corner properties,
however, may contain two (2) signs, one (1) per frontage.
(h} Information/Directional Signs: Shall not be larger than ten {10}
square feet and shall conform to the location provisions of the
specific district.
(i) Portable Signs (as defined in Section 3-9.(B).2.(e).i) Such signs
shall be subject to the following requirement:
1. The signs shall be allowed only within the CCD, Central Community
Zoning District.
2. The signs shall occupy the public or private sidewalk area within five (5)
feet of the entryway of the business it serves.
3. The placement of the signs shall not impede pedestrian or vehicle
circulation. If on the public sidewalk, such signs shall be placed so that
no less than six feet of sidewalk is available for passing of pedestrians.
4. The signs shall display messages oriented toward pedestrians.
The signs shall not have electrical connections, nor include any lighted or
moving component.
6. The display of such signs shall be limited to the hours of the business it
serves.
7. The signs shall be constructed of wood or other materials determined
acceptable by the City. Color and design shall meet the design guidelines
for the CCD zoning district, and shall not be composed of "flourescent"
colors.
8. The maximum size of such signs shall be no greater than five (5) feet in
height and six (6) square feet in area and must comply with all other
regulations of this ordinance.
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9. Any sign placed under this section shall infer an indemnification of the
City of Monticello by the owner of the sign for any liability or claim made
involving the signor sign location.
10. No such sign shall be connected or attached to any public structure,
including light poles, traffic control devices, public street furniture, utility
equipment, or other such facility.
(#403, 11/10/03)
2. PROHIBITED SIGNS: The following signs are specifically prohibited by this
paragraph.
(a) Any sign which obstructs 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,
except for private, on-premises directional signs.
{c} Any sign which moves or rotates. Exempt are time and temperature
information and barber poles.
(d) Any sign which contains or consists of banners, pennants, ribbons,
streamers, strings of light bulbs, spinners, or similar devices, except in
case of Subsection [C], Paragraph 4.
(e} Portable signs as defined in i below and other attention-getting devices as
defined in iii-v below, except as allowed in Section 3-9.(B). 1 (i) and as
provided for in Subsection [C], Paragraph 4. (#403,11/10/03}
i. Portable signs shall be defined as an advertising device not
permanently attached to a building, facade, or pylon.
ii. Banners shall be defined as fabric, paper, vinyl, or similaz material
which carries a specific message and which can be hung on a wall,
facade, awning, canopy, suspension cable or wire, etc.
iii. Streamers/Pennants shall be defined as flags, triangular pennants,
spirals, spinners, etc., attached in series to a single cord or support
line which is then strung or suspended from point to point.
iv. Inflated devices shall be defined as inflatable devices which may
be stationary or airborne (but tethered) which are intended to
attract attention to a specific location ar site.
v. Searchlights -self defining. (#150, 5/27!86)
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(f) Signs which are attached in any manner to trees, fences, utility poles, or
other such permanent supports, except for those signs found on fences
(inside} of baseball parks.
(g) Advertising signs of 200 square feet or more in place on or before June
23,1980, and which are the principal use of the lot of record as of the
above date and which have an agreement on file with the City on or
before August 23, 1980, in the form so designated by the City
Administrator, which is signed by the property owners and the advertising
sign owners and all signatures notarized, may continue as a non-
conforminguseuntil such time as the lot of record above is developed or
improved, in which case, the non-conforming advertising sign must be
removed within 60 days after written notice from the Building Official.
(h) Advertising signs as defined in Chapter 2 of this ordinance of 199 square
feet or less in area, except that those signs which were in place on or
before 8/15/75 may continue as anon-conforming sign.
(i) Except for Electronic Message Board Signs as allowed in Section 3
[E]4.(~. No sign shall display any moving parts, nor shall it be
illuminated with any flashing or intermittent lights, nor shall it be
animated. Exempt are time and temperature information and barber
poles. All displays shall be shielded to prevent light to be directed at on-
coming traffic in such brilliance as to impair the vision of any driver. No
device shall be illuminated in such a manner as to interfere with or
obscure an official ixaffic sign or signal. (1/10/00, #340)
(j} Roof Signs.
(k) Projecting Signs except as hereinafter provided. (#334, 9/13/99)
[C] GENERAL PROVISIONS:
1. All signs shall comply with Maintenance Section 5-305 of the 1970
Edition of Volume V of the Uniform Building Code as promulgated by
the International Conference of Building Off cials.
2. When electrical signs are installed, the installation shall be subject to the
City's Electrical Code.
No signs other than governmental signs shall be erected or temporarily
placed within any street right-of--way or upon any public lands or
easements ar right-of--ways.
4. The temporary use of portable signs, decorative attention-getting devices,
and searchlights shall require an annual or daily permit.
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(a} An annual permit for portable signs, as defined herein, shall be
granted for a maximum period of forty (40) days per calendar
year. As a condition of the annual permit, applicant shall maintain
a daily record of the use of portable signs on a form provided by
the City. (#238, 6!14/93}(#150, 5/27/86)
(b) A permit for decorative attention-getting devices shall be issued
for a maximum period often {10} days with a minimum period of
one hundred eighty (180) days between consecutive issuance of
such permits for any property or parcel.
(c} All portable signs and attention-getting devices must be well
maintained and kept in good repair at all times. The Building
Official shall order the immediate removal of any device
considered to be damaged or in poor condition. Non-compliance
shall be just cause for revocation of the permit without refund.
{d) All portable signs and attention-getting devices shall be allowed
only on the property or site where the business or enterprise is
situated. No placement shall be allowed onpublicrights-of--way.
(e) AlI portable signs and attention-getting devices shall be on ground
level except that banners and streamers maybe affixed to a
building, facade, permanent pylon sign, or other permanent
fixture. Airborne inflatable devices shall be tethered on site.
{f} Not more than two (2} portable signs shall be displayed at the
same time.
(g) Not more than two {2} attention-getting devices shall be permitted
to be displayed in conjunction with any portable sign.
(h) A decorative attention-getting device may bear the name of the
business, but shall not bear any service, product, price, etc.,
advertising message.
(i) Permit fees shall be set by the City Council and shall be payable
upon application for said permit. (#150, 5/27/86)
{j) Public banners may be hung from city street light fixtures for a
period of up to one {l) year. Design and placement of the public
banners shall be consistent with the following standards:
1. Design and placement of public sign/decorative banners
must first be approved by the City Council and annually
thereafter. Prior to Council considea-ation, applicant shall
submit a banner placement plan which shows proposed
banner design, size, pole location/elevation, duration, and
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proposed manner by which the banners shall be hung.
Banner placement plan shall also describe financing
sources for purchasing and installing public banners.
2. Public banners may be hung from parking lot light
fixtures or from other structures on private properly only
in conjunction with a City Council approved public
banner system. Except for requirements outlined in
section 4.(j) of this ordinance, said banners are exempt
from sign regulations. The City shall not participate in
financing any portion of the cost of public banners placed
on private property. City crews may assist with the
installation of public banners placed on private property
if compensated at actual cost to install banners.
Except for Christmas banners, all banners shall contain an element
of the City colors and/or City logo. No private advertising maybe
allowed on any banner hung in conjunction with a public banner
system.
4. Public banners hung from streetscape fixtures shall be no larger
than 14" by 45". Banners hung from standard street lights shall be
no larger than 28" by 80".
5. Public banners shall not be hung in a position that will cause a
substantial obstruction of visibility from the street to advertising,
traffic, and directional signs and shall not be hung in a position sa
as to interrupt corner sight lines.
6. Public banners may be hung only on alternate streetscape fixtures
unless otherwise approved by Council.
7. Banners placed on City fixtures shall become the property of the
City. If damaged or in need of repair, banners may be removed by
City staff. The public banner system may be discontinued, and atl
banners, including those on private property, may be ordered
removed at the discretion of the City Council.
8. The bracket system used to hang banners shall be of sufFicient
strength to withstand strong winds and shall be designed in a
manner that allows easy installation and removal of banners.
5. A11 signs shall display in a conspicuous manner the owner's name, permit
number, and date of erection.
6. All height restrictions on signs shall include height of sign structure.
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7. In any district, any portion of any sign exceeding two (2) square feet shall
be set back a distance equal to fiftypercent (50%) of the required building
setback for that district as defined in Section 3-3 [C] of the Monticello
Zoning Ordinance, as may be amended. (#269, 5/8/95)
8. Any sign now or hereafter existing which no longer advertises, or
identifies a bona fide business conducted, or a service rendered, or a
product sold, shall be removed by the owner, agent, or person having the
beneficial useand/or control of the building or structure upon which the
sign may be found within ten (10) days after written notice from the
Building Inspector.
9. The City of Monticello or its agent is authorized and required by this
ordinance to enter into an agreement with the United States or any of its
agencies or depar~nents to the end that the objective stated in Title 23,
United States Code, Section 131, Section 319, or any other applicable
federal statute to obtain non-conforming signs along the Great River Road
within the city of Monticello. However, the City of Monticello or its
agent shall not be required., nor allowed, to expend funds for the
acquisition ofnon-conforming signs or advertising devices under this
chapter until federal funds in the amount of 75% or more to his
acquisition cost are made available to the City of Monticello for the
purpose of carrying out this ordinance. No sign nor advertising device
legal under Laws 1971, Chapter 883, shall be required to be removed or
relocated until payment, as provided in Laws 1971, Chapter 883, is
tendered by the City of Monticello.
10. Signs may be located on conforming fuel station pump island canopies.
Such signs shall be considered as wall signs, and shall be regulated in the
same manner as any other wall signs on the property. (#247, 3/14/94)
[D] NON-CONFORMING SIGNS:
1. The following are non-conforming signs:
{a) Off-premise signs, except signs located inside ball parks and on
bus benches.
{b) Prohibited signs.
(c) All other signs not expresslyprohibited but which do not conform
to the provisions of this subdivision.
2. Anon-conforming sign may not be:
{a) Changed to another non-conforming sign.
3/52
(b) Structurally altered except to bring into compliance with the
provisions of this subdivision.
(c) Expanded.
(d) Re-established after its removal for thirty (30) days.
(e) Re-established after damage of more than fifty (50) percent of sign
replacement cost except to bring into compliance.
3. Atl non-conforming and prohibited signs shall be removed or brought into
conformity with this ordinance after notification in writing within the
fallowing time period.
(a) Any sign in violation of the prohibited signs as defined in [B] 2:
Thirty (30) days (exception: advertising signs, five (5) years).
(b) For all other non-conforming signs: five (5) years.
4. Notwithstanding any other requirement in Section 3-9 of this Ordinance
to the contrary, off-premise or advertising signs may be relocated as
follows:
(a) This section shall apply exclusively to off-premise advertising
signs of 200 square £eet or greater that have a specific, written, fee •
or leasehold interest in the property on which they are currently
located, and which are required to be removed pursuant to City
acquisition as part of a City utility or road project.
(b) Such signs may be relocated to another part of the same parcel on
which they were located at the time of the acquisition by City
Council resolution.
(c) Such signs may be relocated to another vacant parcel subject to
the application for and approval of an Interim Use Permit per the
requirements of the Monticello Zoning Ordinance.
(d) In addition to any other requirements or restrictions deemed
appropriate by the City Council, the owner of such relocated sign
under (b) or (c) above shall not enter into any lease that extends
the duration of such sign beyond the soonest termination date to
which the sign is subject at the time of the relocation. Upon such
date, the relocated sign shall be removed and shall not be re-
establishedwithin the City limits of the City of Monticello.
(e} The owner of any sign relocated pursuant to this section shall
enter into an agreement with the City of Monticello providing for
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the date of removal and the terms of any lease or other contract
. governing the relocation. (#423, 4/11/05)
[E] DISTRICT REGULATIONS: The following sections concern signs which
require application and permit.
1. Within the A-O, R-1, R-2, R-3, R-4, PS and PZR districts, signs are
subject to the following size and type regulations:
(a) Institutional or area identification signs, provided that the gross
square footage of sign area does not exceed eighteen (18) square
feet, and if the sign is freestanding, the height does not exceed
eight (8) feet.
(b) Public Signs (as defined in Section 2-2[PJ]. Such signs shall be
subject to the following requirements:
1. Any public sign for civic interest groups within the City of
Monticello shall have a face area no larger than 18" x 24".
2. Civic interest groups within the City of Monticello may, at the
discretion of the Council, have up to three off-site directional
signs.
3. Any public sign for a civic interest group within the City of
Monticello shall be green in color with white lettering only,
(#460A, 5/29/0'
(c) In the PS District two institutional identification signs not
exceeding a total of 75 square feet and eight (8) feet in height are
allowed in
addition to the institutional or area identification sign identified in
Section 3-9jE]la.. (#314, 8/10/98)(#447,5/22/06)
2. Within the PZM, B-1, B-2, B-3, B-4, CCD, I-l, I-lA, and I-2 districts,
signs are subject to the following size and type regulations:
(#298, 10/13/97) (#334, 9!13/99}
(a) V~ithin the PZM and B-1 districts, the maximum allowable square
footage of sign area per lot shall not exceed the sum of one (1)
square foot per front foot of the building plus one (i) square foot
for each front foot of lot not occupied by a building, up to one
hundred (100) square feet. Each lot will be allowed one (1) pylon
or freestanding sign and one {1) wall sign or two (2} wall signs
total.
(b} For buildings in which there is one (1) or two (2) business uses
within the B-2, B-3, B-4, CCD I-1, I-lA, and I-2 districts, and for
buildings used for commercial retail activities located within a
PZM district and located on property adjacent to B-2, B-3,
3/54
B-4,CCD, I-1, I-lA, or I-2 districts, there shall be two (2) options
for permitted signs, as listed below in 2(b)i and 2(b)ii. The
property owner shall select one option, which shall control sign
development on the property. (#298,10/13/97) (#334, 9/13/99)
i. Opfion A. Under Option A, only wall signs shall be
allowed. The maximum number of signs on any
principal building shall be six sign boards or placards, no
more than four (4} of which may be product
identification signs. Signs maybe displayed on at least
two walls, or equal to the number of streets upon which
the property has legal frontage, whichever is greater.
Each wall shall contain no more than two product
identification signs and two business identification signs.
The total maximum area of wall signs shall be
determined by taking twenty percent (20%) of the gross
silhouette area of the front of the building up to three
hundred (300) square feet, whichever is Less. If a
principal building is on a comer lot, the largest side of
the building may be used to determine the gross
silhouette area.
For purposes of determining the gross area of the
silhouette of the principal building, the silhouette shall be
defined as that area within an outline drawing of the
principal building as viewed from the front lot line or
from the related public street(s).
ii. Option B. Under Option B, a combination of wall signs
and a maximum of one {1) pylon sign may be utilized.
The total number of business identification signs
allowed (whether wall or pylon) shall be at least two (2),
or equal to the number of streets upon which the
property has legal frontage, whichever is greater. Only
two product identification signs shall be allowed, and
these wall signs maybe only on one wall. The total
maximum allowable sign area for any wall shall be
determined by taking ten percent (10%) of the gross
silhouette area of the front of the building up to one
hundred (100) square feet, whichever is less. The
method for determining the gross silhouette area shall be
as indicated in Subd. 2.(b)i. Above. Pylon signs shall be
regulated as in Subd. 4 below. For single or double
occupancy business structures, the total maximum.
allowable signage on the property shall be three htwdred
(300) square feet. For multiple occupancy structures, the
total maximum allowable signage on the property shall
be as determined under Subd. 3 below.
3/55
{#272, 06/26/95} (#230, 06/22/92)
{#247; 03/14/94) (#265, 12/12/94)
3. Conditional Uses in Commercial and Industrial Districts: The ose of
PmP
.this section is to provide aesthetic control to signage and to prevent a
proliferation of individual signs on buildings with three {3) or more
business uses. The City shall encourage the use of single sign boards,
placards, or building directory signs.
{a) In the case of a building where there are three (3} or more business
uses, but which, by generally understood and accepted definitions,
is not considered a shopping center or shopping mall, a
conditional use shall be granted to the entire building in
accordance with an overall site plan under the provisions of
Option A or Option B (described in 2 (b) i and ii above) provided
that:
i. The owner of the building files with the Zoning
Administrator a detailed plan for signing illustrating
location, size in square feet, size in percent of gross
silhouette area, and to which business said sign is
dedicated.
ii. No tenant shall be allowed more than one sign, except
that in the case of a building that is situated in the interior
of a block and having another building on each side of it,
one sign shall be allowed on the front and one sign shall
be allowed on the rear provided that the total square
footage of the two signs does not exceed the maximum
allowable square footage under Option A or Option B
described in 2(b)i and ii above.
iii. No individual business sign board/placard shall exceed
twenty-five percent (25%} of the total allowable sign
area.
iv. An owner of the building desiring any alteration of signs,
sign location, sign size, or number of signs shall first
submit an application to the Zoning Administrator for an
amended sign plan, said application to be reviewed and
acted upon by the Zoning Administrator within ten (10)
days of application. If the application is denied by the
Zoning Administrator, the applicant may go before the
Planning Commission at their next regularly scheduled
meeting.
v. In the event that one tenant of the building does not
utilize the full allotment of allowable area, the excess
3/Sb
may not be granted, traded, sold, or in any other way
transferred to another tenant for the purpose of allowing a
sign larger than twenty-five percent (25%} of the total
allowable area for signs.
vi. Any building identification sign or building directory
sign shall be included in the total allowable area for
signs.
vii. Any sign that is shared by or is a combination of two or
more tenants shall be considered as separate signs for
square footage allowance and shall meet the requirements
thereof.
viii. All signs shall be consistent in design, material, shape,
and method of illumination.
(b} In the case of a building where there are two (2) or more uses and
which, by generally understood and accepted definitions, is
considered to be a shopping center or shopping mall, a conditional
use permit may be granted to the entire building in accordance to
an overall site plan indicating their size, location, and height of all
signs presented to the Planning Commission. (#39b,7/28/03)
A maximum of five percent (5%) of the gross area of the front
silhouette shall apply to the principal building(s) where the
aggregate allowable sign area is equitably distributed among the
several businesses. In the case of applying this conditional use
permit to a building, the building may have one (1) pylon or
freestanding sign identifying the building which is in conformance
with this ordinance. For purposes of determining the gross area of
the silhouette of the principal building(s), the silhouette shall be
defined as that area within the outline drawing of the principal
building(s) as viewed from the front lot line or from the related
public street(s).
For shopping centers of greater than one hundred fifty thousand
(150,000) square feet of aggregate building square footage and
greater than twenty (20) acres in site area, two freestanding signs
may be permitted under this section. The applicant may construct
two pylon-style signs in conformance with this ordinance, or in
the alternative, may construct one pylon-style and one monument-
style sign. When this latter option is chosen, the monument sign
shall be no greater than eighteen {18) feet in height nor more than
one hundred (100) square feet in area, and the pylon may be no
greater than fifty (50) feet in height and four hundred (400) square
feet in area. (#396, 7/28/03)
3/57
(c} Signs for promoting and/or selling a development project: For the
purpose of promoting or selling a development project of three (3)
to twenty-five (25} acres, one sign not to exceed one hundred
(100} square feet of advertising surface maybe erected on the
project site. For projects of twenty-six (26) to fifty {SO} acres, one
or two signs not to exceed two hundred {200) aggregate square
feet of advertising surface maybe erected. For projects over fifty-
one (51) acres, one, two, or three signs not to exceed three
hundred {300} aggregate square feet of advertising surface maybe
erected. No dimension shall exceed twenty-five (25) feet
exclusive of supporting stnzctures.
Such signs shall not remain after ninety-five (95) percent of the
project is developed. Such sign permits shall be reviewed and
renewed annually by the City Council. If said sign is lighted, it
shall be illuminated only during those hours when business is in
operation or when the model homes or other developments are
open for business purposes.
4. Pylon Sign: The erection of one (1) pylon sign for any single lot is
allowed under the following provisions:
(a) Location: No pylon sign shall be located closer to the property
line than as allowed in Section 3-9 [C] 7. In the case of a comer
lot, both sides fronting on a public right-of--way shall be deemed
the front. (#269, 5/8/9S)
{b) Parking Areas, Driveways: No part of the pylon signs shall be less
than five (5) feet from any driveway or parking area.
(c) Area, Height Regulations;
SPEED AREA HEIGHT
ROAD CLASSIFICATION (MPH)~SQ FTl FEET
Collector 30 25 16
35 50 20
40 100 24
Major Thoroughfares 30 50 18
35 100 22
40 125 24
45 150 26
50 175 28
Freeways and Expressways SS 200 32
and
above
3/58
Highway 25 NA 50- 22
100
i. In the case of subject property directly abutting State
Highway 25, pylon sign area may range from 50 sq ft to
100 sq ft depending on total lineal feet fronting Highway
25. 3.03 feet of pylon sign area is allowed per every 10
feet of lineal frontage with the following exceptions: 1}
all properties may erect a pylon sign with a sign area of
50 regardless of front footage abutting Highway 25, and
2) the maximum pylon sign area shall. not exceed 100 sq
ft regardless of total lineal footage of property abutting
Highway 25.
{#173, 4/10/89)
{d} Definitions: Definitions of road classifications apply as defined by
the official comprehensive plan as adopted.
(e) Application: The Level at which the sign control system applies is
determined by the type of road, as defined above, which directly
abuts the subject property.
i. In the case of subject property directly abutting more than
one (1}road, each designated by a different road
classification type, the less restrictive classification shall
apply in determining sign area and height.
ii. Actual sign height is determined by the grade of the road
from which the sign gains its principal exposure.
iii. Area as determined by the formula under 3 (c) above,
applies to one (1) face of a two (2) faced pylon sign, or
two (2) faces of a four (4) faced sign, etc.
iv. A bonus allowing "freeway standard signs" (200 sq ft in
area and 32' high) in a commercial or industrial area is
available to all businesses located within 800 feet of a
freeway but do not abut a freeway.
(f) Electronic Message Boards may be allowed in the B-3 and B-4
Zoning Districts and on those parcels within the CCD Zoning
District which have direct frontage on Trunk Highway 25 south of
4`~ Street, as a part of the freestanding or pylon sign display
provided that:
i. The sign complies in all other respects with the sign
regulations of the Zoning Ordinance.
3/59
ii. The sign does not create a traffic hazard or a nuisance.
iii. The sign does not flash its message, although continuous
scrolling text is allowed.
iv. The sign meets all requirements of the City's Building
and Electrical Codes.
v. The sign does constitute a separate or additional
freestanding sign support structure. The sign must be
otherwise allowed under this ordinance as a pylon sign or
must be a part of an allowed pylon sign plan as defined
herein.
vi. The electronic message board portion of the sign does not
constitute more than fifty percent (50%) of the allowable
pylon sign area, or seventy (70} square feet, whichever is
less. (#340, 1/10/00}
(g) In the B-3 Zoning District only, certain parcels maybe allowed to
consh~uct a second freestanding sign on the property when the
following conditions are complied with:
i. The property directly abuts Interstate 94 and one other
collector (or higher) status street.
ii. The property in question is no less than two (2) acres in
area.
iii. The second freestanding sign shall be located no closer
than three hundred (300) feet from the first freestanding
sign on the same property.
iv. Only one of the two freestanding signs may be located
within any yard (front, rear, or side) of the properly. This
clause shall be interpreted to mean that each sign shall be
required to have a separate roadway as its primary
exposure.
v. Where two freestanding signs are allowed, the sign that
fronts on the road which serves as the primary access
shall be of a monument design, with a maximum height
often (10) feet and a maximum square footage of sixty
(60) square feet.
vi. Where two freestanding signs are allowed, the sign that
fronts on the freeway exposure shall conform to the
provisions of Section 3 [E] 4.(c) above.
3/60
This section shall not be applied to the calculations for signage
when an applicant is seeking development design flexibility under
the City's Planned Unit Development provisions.
viii. Both signs allowed under this subsection shall meet all
other applicable provisions of the Monticello Zoning
Ordinance. (5/11101, #351)
5. Address Numbers Sign: DELETED (3/24!08, #476)
6. Projecting Signs: Projecting signs shall be permitted within the CCD
District but only in the "Broadway Downtown District" thereof as defined
by the Monticello Downtown and Riverfront Revitalization Plan. Only
one (1) projecting sign maybe erected per business, with no more than
two (2) such signs erected per building, subject to the foIlowing
conditions: Projecting signs:
(a) Shall be only business identification signs.
(b) Shall be fronting on a public street.
(c) Shall not exceed six (5) square feet in area.
(d) Shall be considered a wall sign for the purposes of maximum
allowable sign area.
(e) The edge of the sign closest to the building must be no farther than
12 inches away from the building.
(fj May extend over the public sidewalk, but shall not extend closer
to the public street than to within 3 feet from the backside of curb.
(g) Shall be at least 8 feet but not more than 12 feet in height above
walking surfaces or sidewalks.
(h} Shall not be internally illuminated, but may be externally
illuminated.
(#334, 9/13/99)
~~
FEES AND LICENSE:
1. FEES:
(a} Payment Fees: The permit fee and other fees and charges set forth
in this ordinance shall be collected by the City before the issuance
of any permits, and the City Administrator, Building Inspector, or
other persons duly authorized to issue such permit for which the
payment of a fee is required under the provisions of this
3/51
Planning Commission Agenda -10/07/08
SIGN ORDINANCE POLICY QUESTIONS
What will the City's policy be toward electronic and digital displays?
a. Allowed as Principal Sign Display, or as accessory message board
only?
i. One Digital Electronic Display shall be allowed as an
accessory sign component, limited to no more than 35% of
the sign of which it is a part.
b. Limited to static messages only, or allow motion, scrolling,
graphics?
i. No Digital Electronic Display shall include any motion or
appearance of motion, nor shall its message change more
than one time each ten minutes. Apart from this change, the
message shall be static.
ii. No Digital Electronic Display shall include the display of
graphics or motion of any kind, with the exception that text
messages may scroll across the display field.
c. Limited to specific locations (major thoroughfares, or any
commercial/industrial/public district?
2. How will the City address temporary (portable) signs?
a. Limit display based on building size, or
b. Limit display based on number of tenants, or
c. Limit display based on street frontage, or
d. Limit display based on one per building?
e. Any other differentiation for multiple tenant buildings?
f. Provide an incentive to utilize permanent message display (such as
exempt a message board from the. property's signage allowance
maximum)?
i. Temporary signs shall be limited to 32 square feet in area
and six feet in height. In the alternative, an individual
property may display a permanent message board as an
additional sign, either incorporated into its freestanding sign,
or to the building, which maybe up to 50 square feet in area,
subject to height limitations which are otherwise applicable
to wall or freestanding signs.
3. How should the City address the size of freestanding signs?
a. Size/Height based on street classification (as now), or
b. Size Height based on zoning district?
4. How should the City address the policy of preference for Wall v.
Freestanding signs, and Monument v. Pylon signs?
a. Require a specific formula which codifies those preferences, or
•
2
Planning Commission Agenda - 10/07/08
b. Develop an incentive -style ordinance which provides choice, but
rewards choices consistent with the preference, or
c. Develop an ordinance that states the preference, but leaves the
choice to the property owner?
i. In the event that a property chooses monument signage
without pylon signage, a bonus sign area shall be applied to
the maximum signage on the site equal to one additional
monument sign and/or wall signage of an additional 1 % of
building fagade.
5. How should the City address off-premise signage such as billboards?
a. Write new regulations that allow, but limit them, or
b. Maintain the current prohibition and non-conforming status?
6. How should the City address off-premise signage such as real estate,
garage sale, and similar signage?
a. Write regulations that allow, but limit them, acknowledging issues
related to right of way, content neutrality, and concerns over
proliferation, or
b. Prohibit such signs due to unmanageable sign clutter?
i. Sample Ordinance language will be available for review at
the Planning Commission meeting.
7. Other questions
r~
l~
3