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Planning Commission Agenda 05-05-2015 AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, May 5th, 2015 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Brad Fyle, Linda Buchmann, Sam Murdoff Council Liaison: Charlotte Gabler Staff: Angela Schumann, Steve Grittman (NAC) 1. General Business A. Call to Order B. Consideration of approving minutes C. Consideration of electing officer D. Consideration of recommending appointments E. Consideration of adding items to the agenda 2. Public Hearings – None 3. Regular Agenda A. Consideration of a report regarding Temporary Signs, Chapter 4, Section 5 of the Monticello Zoning Ordinance 4. Added Items 5. Adjournment PlanningCommissionAgenda:5/05/15 1 1B.Considerationofapprovingminutes (AS) A.REFERENCEANDBACKGROUND: TheminutesoftheregularApril7th,2015PlanningCommissionmeetingareincluded forreviewandconsideration. B.ALTERNATIVEACTIONS: 1.MotiontoapprovetheminutesoftheregularApril7th,2015Planning Commissionmeeting. 2.MotiontoapprovetheminutesoftheregularApril7th,2015Planning CommissionmeetingwithchangesasdirectedbythePlanningCommission. C.STAFFRECOMMENDATION: StaffdeferstothePlanningCommission’srecommendationonthisproceduralitem. D.SUPPORTINGDATA: PlanningCommissionMinutes–April7th,2015 MINUTES MONTICELLOPLANNINGCOMMISSION Tuesday,April7th,2015-6:00PM-MississippiRoom,MonticelloCommunityCenter Present:BradFyle,LindaBuchmann,SamMurdoff Absent:None Others:AngelaSchumann,SteveGrittman(NAC),CharlotteGabler(CouncilLiaison) 1.Calltoorder BradFylecalledthemeetingtoorderat6:00p.m. 2.CitizenComments None 3.Considerationofaddingitems McDonald’s(Gabler) O’Ryan’sKwikTrip(Gabler) Kramerresignation(Schumann) 4.ConsiderationofapprovingPlanningCommissionminutes SAMMURDOFFMOVEDTOAPPROVETHEMARCH3RD,2015SPECIALMEETING MINUTES.LINDABUCHMANNSECONDEDTHEMOTION.MOTIONCARRIED3-0. BRADFYLEMOVEDTOAPPROVETHEMARCH3RD,2015REGULARMEETING MINUTES.SAMMURDOFFSECONDEDTHEMOTION.MOTIONCARRIED3-0. 5.ContinuedPublicHearing–ConsiderationofarequestforAmendmenttothe MonticelloZoningOrdinance,Chapter5,Sections1–UseTable,Section2–Use- SpecificStandardsandSection3–AccessoryUseStandardsandChapter8,Section4– DefinitionsasrelatedtoregulationsforSolarEnergySystems,PlanningCaseNumber: 2014-054 SteveGrittmanreportedthatanumberofbillshadbeenintroducedduringthecurrent legislativesessionwhichrelatetosolarenergysystemregulationasaprincipaluse.He recommendedthatthePlanningCommissiontableactiononthisissueuntiltheJune meetingpendingadditionalinformation. GrittmanindicatedthatthePlanningCommissionhadtheoptiontoconsideramending thelanguagerelatedtosolarenergyasanaccessoryuseatthistimeasitisnotlikelyto beaffectedbylegislativechanges. FyleaskediftheCommissionwouldhaveavoiceinthesolarfarmissue.Grittman PlanningCommissionMinutes:4/07/15 2 pointedoutthatiflocalgovernmentlandusereviewisapplicable,thematterissubjectto thejurisdictionoftheMonticelloOrderlyAnnexationArea(MOAA)orWrightCountyat thistime.HenotedthatthePlanningCommissionwouldhaveinfluenceasitrelatesto zoningauthorityifthepropertyweretobeannexedintothecity.HeindicatedthatCity staffhavebeenincontactwiththedevelopersonaregularbasis. LINDABUCHMANNMOVEDTOTABLEACTIONONTHEAMENDMENTSAND CONTINUETHEHEARINGTOTHEJUNEMEETINGOFTHEPLANNING COMMISSION,PENDINGADDITIONALINFORMATION.SAMMURDOFF SECONDEDTHEMOTION.MOTIONCARRIED3-0. GrittmanpointedoutthatWrightCountyisconsideringlanguageforitsownsolar ordinance.StaffagreedtokeeptheCommissioninformedastothestatustheproposed WrightCountyordinance. AngelaSchumannnotedthataproposedjointPlanningCommissionandCityCouncil meetingcouldbescheduledoncethelegislativestatusoftheseissuesaremorecertain. 6.PublicHearing–ConsiderationofarequestforAmendmenttotheOfficialMonticello ZoningMaptorezonepropertyfromAgriculturalOpenSpacetoLightIndustrial(I- 1),PreliminaryandFinalPlatforFirstLakeSubstationAddition,ConditionalUse PermitforUtilitieswithintheLightIndustrial(I-1)District,VariancetotheZoning Ordinancetorequiredsetbackfromthesouthpropertyline,andVariancefrom Chapter4,Section8(E)(2)(C)Surfacing,Applicant:XcelEnergy,PlanningCase Number:2015-007 SteveGrittmansummarizedthatXcelEnergyproposedtoconstructanewelectrical powersubstationalongthetransmissionlinesthatborderthewestedgeofthecity.He pointedoutthattheCityCouncilhadrecentlyapprovedtheannexationofthe10acre parcelandthatthematterwascurrentlybeingreviewedatthestatelevel. Grittmanindicatedthattherequestinvolvesapprovalsrelatedtorezoningtheparcelfrom AgriculturalOpenSpace(A-O)toLightIndustrial(I-1),platting,conditionaluse permittingandtwovariances. GrittmannotedthattherezoningrequestmeetscriteriainSection2.4.B.5ofthe MonticelloZoningOrdinanceinthatitaddressesneedsarisingfromachanging condition,trend,orfactaffectingthesubjectpropertyandsurroundingarea,andis consistentwithachievingthegoalsandobjectivesoutlinedintheComprehensivePlan. Grittmanexplainedthattheapplicantsproposetoplattheannexedparcelintoasinglelot andblock,alongwitharightofwaydedicationontheeastsideofthepropertyfora futureextensionofDaltonAvenuetothesouthboundaryoftheproperty.Theapplicants wouldpayashareofroadwayconstructionupondevelopment. Theplatincorporatestheexistingeasementsforpowerlinecorridorsalongthewestern PlanningCommissionMinutes:4/07/15 3 boundaryoftheproposedlot. Grittmanexplainedthatthesubstationwouldoccupyabout1.5acresinthesouthwest cornerofthepropertyandcontainthesubstation,apond,andsupportimprovements.The propertywouldbeaccessedviaadrivewayfromthetemporaryexistingimprovedcul-de- sacofDaltonAvenue.Landscapingisproposedalongtheeastboundaryline,anda portionofthewestboundaryline.Grittmanrecommendedthatadditionalplantingbe includedinthewesternareatoscreenthemainfacilityfromviewoftheBertramChain ofLakesRegionalParkproperty. Grittmanpointedoutthattheapplicantsarealsoseekingaconcurrentapprovalofthe finalplattoaccommodatetheirconstructionschedule.PlanningCommissionactionisnot requiredonthefinalplat. GrittmanpointedoutthatthePlanningCommissionhasdecision-makingauthorityon variances,subjecttoappeal. GrittmannotedthatUtilities-MajorarelistedasconditionalusesintheI-1District,with thefollowing“AdditionalRequirement,”(a)Anelectricalpowerfacility,substation,or transmissionstationshallbesetbackatleast100feetfromalllotlines.Thesouthernmost pointofthestructuresitsapproximately60feetfromthesouthboundaryline.Grittman explainedthattheproposedvariancetosetbackrequirementsrequestisreasonable becausetheproximityofthegaspipelineonthepropertyconstitutesapracticaldifficulty. Grittmannotedthattheapplicantalsorequestedavariancefrompavingrequirementsto allowforconstructionofaClassVgraveldriveway.Grittmanrecommendeddenialofthe proposedvariancetopavingrequirementsrequestasitdoesnotinvolveunique conditionsrelatedtothepropertythatcreatepracticaldifficultiesincomplyingwiththe pavementstandards.Grittmanpointedoutthattheapplicantshadsuggestedanalternative optionofpavingthedrivewaytoacertainpointandlocatingagateonthesitemarkinga changeofusebetweenpavedandaggregatesurface. BradFyleopenedthepublichearing. SeannLawler,SitingandLandAgentwithXcelEnergy-Minneapolisexplainedthat Monticellocurrentlyreliesonseveralneighboringsubstationstoservelocalenergyneeds becausetheLinnStreetsubstationisatmaximumcapacity.Thenewsubstationwould eventually,withtheadditionofasecondtransformerinthefuture,beapproximately twicethesizeoftheLinnStreetsubstation. LawlersaidthatXcelrequestedavariancetothepavingrequirementsbecauseofthecost topaveandcontinuallymaintain600feetofdriveway(andcommunicationcables, telephonewiresanddistributionfeedersunderthedriveway),basedonaccessthroughthe southeastcorneroftheproperty.Hesuggestedthattheoptionofinstallingagateatthe bendinthedrivewaywouldaddresstheintentofthecodeandkeepgraveloffthe roadway. PlanningCommissionMinutes:4/07/15 4 Lawlerrespondedtoquestionsrelatedtofencing.Hedescribedasevenfoottall galvanizedsteelchainlinkfencetoppedbyafootofbarbedwire. NathanStewart,ofXcelEnergy’ssubstationengineeringgroup,saidthatthegalvanized flashingonthefenceisusedtodeteranimalsfromclimbingthefencehaddrastically reducedoutages. XcelEnergy’sCommunityRelationsrepresentativeScottJohnsonconfirmedthat substationoutagesareoftenduetosquirrelsinthetransformers. Stewartalsoindicatedthatsoundlevelsatthesubstationwouldmeetstateregulationsand besubstantiallylessthannoisythanattheLinnStreetsubstation. LawleragreedthattheconditionsinExhibitZareachievable.HeaskedthatthePlanning Commissionconsideracompromiserelatedtothevariancetothepavingrequirements. MarkAnderson,of10057DarrowAvenueNE,askedwhythesitehadbeenselected. LawlerindicatedthatXcelhadconsideredothersitesinthetownshipandwithinthe industrialparkbutsaidthatthissitewaspreferredbecauseofitsproximitytocustomers andexistingtransmissionlines.Andersonalsoaskedifinstallationofthesubstation wouldaccelerateannexationproceedingsinthearea.Heexpressedaconcernaboutthe nearbyfarmlandbeingrezonedforlightindustryinthefuture.Grittmansuggestedthat thepaceofdevelopmentwouldlikelybedeterminedbydeveloperinterest. Hearingnofurthercomments,thepublichearingwasclosed. Decision1.RezoningfromA-OtoI-1,LightIndustrial SAMMURDOFFMOVEDTOADOPTRESOLUTIONNO.PC-2015-008 RECOMMENDINGAPPROVALOFTHEREZONINGOFTHESUBJECT PROPERTYFROMA-OTOI-1,LIGHTINDUSTRIAL,BASEDONFINDINGS STATEDINTHERESOLUTION.LINDABUCHMANNSECONDEDTHE RESOLUTION.MOTIONCARRIED3-0. Decision2.PreliminaryPlatforXcelFirstLakeSubstationAddition LINDABUCHMANNMOVEDTOADOPTRESOLUTIONNO.PC-2015-008 RECOMMENDINGAPPROVALOFTHEPRELIMINARYPLATANDFINALPLAT FORFIRSTLAKESUBSTATIONADDITION,BASEDONFINDINGSSTATEDIN THERESOLUTION,ANDTHECONDITIONSLISTEDINEXHIBITZOFTHIS REPORT.SAMMURDOFFSECONDEDTHEMOTION.MOTIONCARRIED3-0. Decision3.VariancefromSetbackrequirementsintheI-1District,providingfora 60footsetbackfromthesouthpropertyline SAMMURDOFFMOVEDTOADOPTRESOLUTIONNO.PC-2015-008 PlanningCommissionMinutes:4/07/15 5 APPROVINGTHEVARIANCETOTHESETBACKREQUIREMENT,BASEDON FINDINGSSTATEDINTHERESOLUTION,ANDTHECONDITIONSLISTEDIN EXHIBITZOFTHISREPORT.LINDABUCHMANNSECONDEDTHEMOTION. MOTIONCARRIED3-0. Thecommissionersnotedsomeconcernaboutsettingaprecedentbyapprovingthe requestedvariancetopavingrequirements. Grittmanaskedifthecommissionerswouldbewillingtoconsiderthealternativeoption suggestedbytheapplicant.Lawleraddedthatthegatecouldbeinstalledatthefirstbend headingsouthalongthedrivewaytolineupwiththeproposedlandscapescreening.He offeredtoincludeadditionallandscapingalongthedrivewayaswell.Hepointedoutthat thegatewouldnotbeseenfromtheroadfrontage. Decision4.Variancefromthepavingrequirementscallingforpavementof driveways SAMMURDOFFMOVEDTOMODIFYRESOLUTIONNO.PC-2015-008AND APPROVETHEVARIANCETOTHEPAVINGREQUIREMENTS,REQUIRING THATTHEAPPLICANTPAVETHEDRIVEWAYBETWEENTHEACCESSPOINT TODALTONAVENUEANDTHEENTRANCETOTHEUSE,ASMARKEDBYA GATELOCATEDAPPROXIMATELY250FEETFROMTHEPUBLICSTREET, BASEDONFINDINGSIDENTIFIEDATTHEPUBLICHEARINGANDTHE CONDITIONSLISTEDINEXHIBITZ.LINDABUCHMANNSECONDEDTHE MOTION.MOTIONCARRIED2-1WITHBRADFYLEVOTINGINOPPOSITION. Decision5.ConditionalUsePermitforUtilitysubstationinanI-1zoningdistrict. LINDABUCHMANNMOVEDTOADOPTRESOLUTIONNO.PC-2015-008 RECOMMENDINGAPPROVALOFTHECONDITIONALUSEPERMITFORA SUBSTATIONFACILITYONTHEPROPERTYTOBEKNOWNASLOT1,BLOCK 1,FIRSTLAKESUBSTATIONADDITION,BASEDONFINDINGSSTATEDIN THERESOLUTION,ANDTHECONDITIONSLISTEDINEXHIBITZOFTHIS REPORT.SAMMURDOFFSECONDEDTHEMOTION.MOTIONCARRIED3-0. EXHIBITZ Rezoning,PreliminaryandFinalPlat,ConditionalUsePermit, VariancetoSetback,andVariancetoPavementStandards Lot1,Block1,FirstLakeSubstationAddition(asplatted) 1.Additionallandscapescreeningalongthewestboundarytoscreenthesubstation enclosureareafromtheBertramParkproperty. 2.PavementoftherequireddrivewayfromtheconnectionbetweenDaltonandthe entrancetothefacility. PlanningCommissionMinutes:4/07/15 6 3.CompliancewiththeconditionsidentifiedintheCityEngineer’scommentletter datedMarch27,2015. Schumannnotedthattherewasstillworktodoonthedevelopmentagreementand assessmentagreementassociatedwiththisproject.Actionsrelatedtorezoning, preliminaryandfinalplat,andConditionalUsePermitwillmoveforwardforCity CouncilconsiderationatthesecondCouncilmeetinginApril. 7.ConsiderationofanAdministrativeLotCombinationandSimpleSubdivisionfor Lots14and15,Block34,OriginalPlatofMonticello.Applicant:Monticello EconomicDevelopmentAuthority,PlanningCaseNumber:2015-011 AngelaSchumannexplainedthattheEconomicDevelopmentAuthority(EDA)had requestedapprovaloftwoactionstofacilitatemovingforwardwithintersection improvementsatHighway25andCountyRoad75. ThefirstactionwouldcombineLots14and15,Block34,(100EastBroadway)tocreate oneparcel.Thesecondactionwouldsubdividethenewlycombinedparcelintotwo parcelslegallydescribedbymetesandbounds.ParcelAwouldbeconveyedtoMnDOT forroadrightofwayassociatedwithrightturnlaneconstructionfromnorthbound Highway25toeastboundCountyRoad75.ParcelBwouldberetainedbytheEDA.The existingbuildingontheparcelisscheduledfordemolitionbyJune1,2015.Schumann pointedoutthattheparcelwouldberestoredtoturfasthereisnoimminent redevelopmentproposalatthistime. Therewassomediscussionrelatedtotheintersectionconfigurationandpedestrian accessibility.Schumannindicatedtherewouldbelongercrosswalksatthenewrightturn lane.Shenotedthatcrosswalkswouldincludecountdowntimers.Differentconstruction materialswillbeusedtoincreasecrosswalkvisibilityforpedestrianandvehiculartraffic. LINDABUCHMANNMOVEDTOADOPTRESOLUTIONPC-2015-009 RECOMMENDINGAPPROVALOFTHEADMINISTRATIVELOTCOMBINATION ANDSIMPLESUBDIVISIONFORLOTS14AND15,BLOCK34,ORIGINALPLAT OFMONTICELLO.SAMMURDOFFSECONDEDTHEMOTION.MOTION CARRIED3-0. SchumannnotedthattherecommendationwouldmoveforwardforCityCouncil considerationontheconsentagendaattheApril13th 2015meeting.TheEDAis scheduledtoconsiderconveyancetoMnDOTatitsMaymeeting. 8.ConsiderationofareportregardingTemporarySigns,Chapter4,Section5ofthe MonticelloZoningOrdinance AngelaSchumannprovidedanoverviewofsigndefinitionsaccordingtoordinanceand providedexamplesofthetypesofsignageinplaceinthecommunity.Sheaskedthatthe commissionersreviewthesignordinance(Chapter4,Section5),visuallysurveythe communityandbringquestionsandanyrequestsforinformationtotheMaymeeting. PlanningCommissionMinutes:4/07/15 7 Schumannoutlinedpermanentsignprovisionsasapointofreferenceandnotedthat theseparametersseemedtobeworkingwell.Signsmustnotbelocatedwithinapublic rightofwayoreasementoronpublicproperty.Non-profitorganizationsareallowedto advertisecommunityeventsoncitypropertywhichhasaprincipleusewiththesigned approvalofthepropertyowner. Schumannbrieflysummarizedtheexistingtemporarysignordinance,thecurrentinterim ordinanceandtheamendedordinanceproposedbutnotadoptedin2012. Theexistingordinanceallowsforone32squarefoottemporarysignperparcelfor40 days.Theinterimordinanceallowsforone40squarefoottemporarysignperbusiness per75linearfeetofrightofway(locatedontheparcelonwhichthebusinessislocated) foranunlimitednumberofdays.Theordinanceamendmentsproposedin2012would allowforone40squarefoottemporarysignperbusinessper75linearfeetofrightof way(locatedontheparcelonwhichthebusinessislocated)for150days. Schumannexplainedthattheproposedamendmenthadbeendevelopedafteraseriesof discussionswithbusinesscommunityandananalysisofpermitdata,enforcementissues andvisualobservations.ShenotedthatpreviousPlanningCommissionshadsoughtto achieveacertainaestheticthroughsignageincentivesratherthanrestrictions.Schumann indicatedthattheeconomicclimatehadimpactedthecouncil’sdecisiontokeepthe interimordinanceinplace(andadoptitagaininsubsequentyears)inthatitseemedtobe abenefitforthebusinesscommunity. Grittmannotedthatsomecitiesallowtemporarysignsatintersections(nomatterthe content)beginningonThursdaysbutrequirethattheyberemovedbyMonday. Schumannindicatedthatthegaragesaleandrealestatesignprovisionscurrentlyinplace seemtobeworking. Grittmanindicatedthatthereisanexemptionforsize,quantity,andlocationandinstate lawforpoliticalsignagerelatedtoelections. SchumannsuggestedthatthePlanningCommissionfocusondevelopingconsistent regulationsthatbalancecreatingattractivecorridorswhichrepresentastrongandvibrant placetodobusinesswiththeactualadvertisingdesiresofthecommunity. 9.ConsiderationtoacceptresignationsofCommissionersHeidemannandKramer AngelaSchumannnotedthatstaffhadreceivedformalnoticeoftheresignationsof CommissionerAlanHeidemannandCommissionerAmberKramer.Sheindicatedthat thevacancieswouldcontinuebeadvertisedthroughApril28th,2015. SchumannalsopointedoutthatthePlanningCommissionwouldalsobeaskedtoelecta ViceChairatitsMaymeeting. PlanningCommissionMinutes:4/07/15 8 BRADFYLEMOVEDTOACCEPTTHERESIGNATIONSOFCOMMISSIONER HEIDEMANNANDCOMMISSIONERKRAMER.LINDABUCHMANN SECONDEDTHEMOTION.MOTIONCARRIED3-0. 10.Addeditems PlanningApplications (Schumann)-Staff hasnotreceivedanynewplanning applicationsforconsiderationattheMaymeeting. McDonald’s (Gabler)-SchumannreportedthatMcDonald’sisnolongeroperatingat the7th Streetlocation.Sheindicatedthatthepropertyownerhadsubmitteda RemovalsandReplacementspermitrelatedtoeliminatingbrandidentificationfrom thebuilding.TheCityhasnotreceivedanylanduseapplicationsorbuildingpermits relatedtoanewuser.AnyproposedchangestothesitewouldbesubjecttoPlanning CommissionreviewasitwouldinvolveamendmenttotheUnionCrossingsPlanned UnitDevelopment(PUD). O’Ryan’sKwikTrip (Gabler)–SchumannindicatedthattheBuildingDepartment hadreceivedapermitapplicationforaninteriorremodelattheO’Ryan’ssitelocated atNEcornerofCountyRoad75andCountyRoad18.Thisprojectdoesnotinclude anamendmenttotheConditionalUsePermit(CUP)atthistime. 11.Adjournment BRADFYLEMOVEDTOADJOURNTHEMEETINGAT8:10PM.LINDA BUCHMANNSECONDEDTHEMOTION.MOTIONCARRIED3-0. Recorder:KerryBurri__ Approved: Attest:___________________________________________ AngelaSchumann,CommunityDevelopmentDirector PlanningCommissionAgenda:5/05/15 1C.Considerationofelectingofficer (AS) A.REFERENCEANDBACKGROUND: ThePlanningCommissionisaskedtoelectanofficertoserveasViceChairof theCommissionfor2015. TheCitycoderequiresthatthePlanningCommissionelectaChairandaVice Chairfromitsappointedmembersforatermofoneyear.TheViceChairactsas theChairintheeventofabsence. CommissionerFylecurrentlyservesasChairofthePlanningCommission.Former CommissionerHeidemannservedasViceChair. B.ALTERNATIVEACTIONS: 1.MotiontonominateCommissioner_____________toserveasViceChair ofthePlanningCommissionfor2015. 2.Motionofother. C.STAFFRECOMMENDATION: None D.SUPPORTINGDATA: CityCodeTitle2,Chapter1-PlanningCommission MONTICELLOCITYCODETITLEII/Chapter1/Page1 CHAPTER1 PLANNINGCOMMISSION SECTION: 2-1-1:Composition 2-1-2:Organization;Meetings 2-1-1:COMPOSITION: (A)ThePlanningCommissionshallconsistoffivemembersappointedbythe Council.AllmembersshallberesidentsofthecityofMonticelloand shallhaveequalrightsandprivileges. (3/10/14,#593) (B)Allmembersshallbeappointedforthreeyearterms;however,saidterm maybeterminatedearlierbytheCouncil.Onemembershallholdoffice untilDecember31,2000;twomembersshallholdofficeuntilDecember 31,2001andtwomembersshallholdofficeuntilDecember31,2002. Annuallythereafter,appointmentsshallbemadeforthetermofthree years.Saidtermsaretocommenceonthedayofappointment.Vacancies duringthetermsshallbefilledbytheCouncilfortheunexpiredportionof theterm.Everyappointedmembershall,beforeenteringuponthe dischargeofhisduties,takeanoaththathewillfaithfullydischargethe dutiesofhisoffice.Allmemberswhoattendatleastonemonthlymeeting shallreceivecompensationof$50.00forthatmonth. (1/10/00,#337) (C)Allmemberswhoattendaspecialmeeting,requestedbyanapplicantwho paysaspecialmeetingfeesetbytheCity,shallreceiveadditional compensationof$50foreachspecialmeetingattended. (11/22/99,#336) 2-1-2:ORGANIZATION;MEETINGS: (A)TheCommissionshallelectachairfromamongitsappointedmembersfor atermofoneyear,andtheCommissionmaycreateandfillsuchother officesasitmaydetermine. (B)ThePlanningCommissionshallholdatleastoneregularmeetingeach month.ThismeetingshallbeheldonthefirstTuesday.Regularmeetings shallcommenceat6:00p.m.Hearingsshallbeheardassoonthereafteras possible.ThePlanningCommissionshalladoptrulesforthetransaction ofbusinessandshallkeeparecordofitsresolutions,transactions,and MONTICELLOCITYCODETITLEII/Chapter1/Page2 findings,whichrecordshallbeapublicrecord. (C)SpecialmeetingsmaybecalledbytheChair,asneeded,andshallbe coordinatedwithcitystaff. (3/10/14,#593) PlanningCommissionAgenda:05/05/15 1D.ConsiderationofrecommendingappointmentstothePlanningCommission (AS) A.REFERENCEANDBACKGROUND: ThePlanningCommissionisaskedtorecommendthattheCityCouncilappoint twonewcommissioners;oneforthevacancycreatedbyCommissioner Heidemann’sresignationandasecondforthevacancycreatedbyCommissioner Kramer’sresignation.Commissiontermsarestaggeredinthreeyearincrements. CommissionerHeidemann’stermexpiresattheendof2015.Commissioner Kramer’stermexpiresattheendof2016. Alistingofthecurrenttermsisprovidedbelowforreference. LindaBuchmann3yr12/2017 SamMurdoff3yr12/2017 Open3yr12/2015 BradFyle,Chair3yr12/2016 Open3yr12/2016 CharlotteGablerCouncilliaison TheCityCouncilwillratifyappointmentstotheCommissiononMay11th,2015. B.ALTERNATIVEACTIONS: 1.Motiontorecommendtheappointmentof_______________toa PlanningCommissiontermendingDecember31st,2015andthe appointmentof_________________toaPlanningCommissionterm endingDecember31st,2016. 2.Motionofother. C.SUPPORTINGDATA: CityCodeTitle2,Chapter1-PlanningCommission MONTICELLO CITY ORDINANCE TITLE II/Chpt 2/Page 1 CHAPTER 1 PLANNING COMMISSION SECTION: 2-1-1:Composition 2-1-2:Organi zati on; M eetin gs 2-1-1:COMPOSITION: The Planning Commission shall consist of five (5) members appointed by the Council. No member of the Planning Commission shall hold any ot he r p ub li c o ff ic e i n t he Ci ty. All members shall be appointed for three year terms; however, said term may be terminated earlier by the Council. One member shall hold office until December 31, 2000; two members shall hold office until December 31, 2001 and two members shall hold office until December 31, 2002. Annually thereafter, appointments shall be made for the term of three years. Said terms are to commence on the day of appointment. Vacancies during the terms shall be filled by the Council for the unexpired portion of the term. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office. All members who attend at least one monthly meeting shall receive compensation of $50.00 for that month. (1/10/00, #337) All members who attend a special meeting requested by an applicant who pays a special meeting fee set by the City shall received additional compensation of$50 for each special meeting attended. (11/22/99, #336) 2-1-2:ORGANIZATION; MEETINGS: The Commission shall elect a chairman from among its appointed members for a term of one year, and the Commission may create and fill such other offices as it may determine. The Planning Commission shall hold at least one (1) regular meeting each month. This meeting shall be held on the first Tuesday. Regular meetings shall commence at seven o'clock (7:00) p.m. Hearings shall be heard as soon thereafter as possible. The Planning Commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. Planning Commission Agenda: 5/05/15 1 3A. Consideration of a report regarding Temporary Signs, Chapter 4, Section 5 of the Monticello Zoning Ordinance (AS) A. REFERENCE & BACKGROUND: The following report is provided as additional reference to support the Planning Commissioners in their review and recommendation on temporary sign regulations. As previously noted in April’s background report, the City of Monticello adopted an interim ordinance in January of 2015 allowing for an expansion in allowances for temporary signage. Interim ordinances allow a municipality the opportunity to study an issue as related to official controls, such as zoning ordinances. As part of the 2015 adoption of the interim ordinance, staff’s recommendation to the Planning Commission and City Council was to provide direction over the course of the year on amendments to the temporary sign ordinance to replace the interim ordinance for 2016. In April, staff requested that the Planning Commission review the existing temporary sign ordinance for purposes of developing questions and comments for the May meeting. Staff also requested that the Commission tour the community, focusing on the temporary sign issue for purposes of additional feedback to staff. For the Commission’s reference, staff is also providing a set of excerpts of temporary sign regulations from a sampling of surrounding communities. In addition, staff has provided links to these communities’ sign regulations should Commission wish to review additional sections or provisions of the ordinances in more detail. Staff has also provided as supporting data the staff report from the April packet. The April staff report provides an overview of the allowances under the current ordinance and the interim ordinance. At this time, staff is requesting that during the May meeting, the Commissioners provide their questions and comments on the materials and data presented thus far. These questions and comments will allow for additional research as needed and provide for direction on ordinance development. B. ALTERNATIVE ACTIONS: None. C. STAFF RECOMMENDATION: At this time, staff is seeking only to provide background information for Commission analysis and for the Commission to provide question and comment for staff response. Planning Commission Agenda: 5/05/15 2 D. SUPPORTING DATA: A. City of St. Michael, Excerpt, Sign Regulations: http://www.amlegal.com/nxt/gateway.dll/Minnesota/smichael/cityofstmichaelminnes otacodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:stmichael_mn (Chapter 155.4) B. City of Big Lake: Excerpt, Sign Regulations Link to online regulations: http://www.biglakemn.org/vertical/Sites/%7B26A9BB2A-42D0-495E-BEE3- 6A09F4974216%7D/uploads/%7BE414FC04-D838-4C35-814A- 2DC9C894C72C%7D.PDF C. City of Becker: Excerpt, Sign Regulations Link to online regulations: http://www.ci.becker.mn.us/vertical/sites/%7BC7773ACF-6EFD-49C3-92E6- 9C66D821361B%7D/uploads/Chapter_11_-_Done_10_29_13.pdf D. City of Delano: Excerpt, Sign Regulations Link to online regulations: http://www.delano.mn.us/city-services/city-codes-and-ordinances/zoning-and-land- use#SECTION_51.03 E. City of Buffalo: Excerpt, Sign Regulations Link to online regulations: http://www.ci.buffalo.mn.us/city-ordinances/ (Chapter 13.06) F. City of Albertville: Excerpt, Sign Regulations Link to online regulations: http://www.sterlingcodifiers.com/codebook/index.php?book_id=460 G. Interim Ordinance #609 H. Monticello Zoning Ordinance, Chapter 4, Section 5 I. Monticello Zoning Ordinance, Chapter 8.4, Definitions, Excerpt J. April 7th, 2015 Planning Commission report ORDINANCE NO. 609 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN INTERIM ORDINANCE PROVIDING TEMPORARY EXPANSION OF TEMPORARY SIGNAGE ALLOWANCES WITHIN THE CITY OF MONTICELLO THE MONTICELLO CITY COUNCIL ORDAINS AS FOLLOWS.- WHEREAS, OLLOWS. WHEREAS, the City of Monticello shall adopt this ordinance to allow the City of Monticello time to study and adopt appropriate land use controls regulating temporary signage; and WHEREAS, the City of Monticello is presently conducting a planning study for the purpose of considering amendment of official controls for temporary signage; and WHEREAS, there is a need for a study to be conducted so that the City can review its land use zoning regulations pertaining to temporary signage uses; and WHEREAS, there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City until such a study has been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota: 1. Pursuant to Minn. Stat. § 462.355, et seq., the City hereby adopts and approves the order for interim ordinance temporarily relaxing Monticello Zoning Ordinance Temporary Sign regulations 4.5(I)(1), 4.5(I)(2) and 4.5(I)(3) within the City of Monticello. 2. This ordinance shall take effect and be in full force from and after its passage and publication. It shall remain in effect until the adoption of the official controls contemplated herein or January 26th, 2016, whichever first occurs. 3. One temporary sign per business shall be allowed by permit. 4. When multiple temporary signs are permitted per parcel, such signs shall be spaced 75 lineal feet apart. 5. The total number of temporary signage days allowed per business shall be unlimited in number. Signage days used must be tracked for a permit to be considered valid. 6. One additional temporary sign device shall be permitted for a restaurant business with outdoor seating on for a period of up to 150 days, to be located within or along their outdoor seating area. ORDINANCE NO. 609 7. One additional temporary sign shall be allowed per street frontage on non-residential properties when a property is seeking to hire or employ personnel, subject to the provisions contained herein. 8. Signs must be constructed of durable materials and may not be constructed of unfinished or untreated materials. All temporary signage must be kept in good repair and may not constitute a nuisance as defined by Title 7, Chapter 1 of City Code. 9. Temporary sign area shall be limited to a maximum of 40 square feet. 10. The interim ordinance does not include a relaxation of standards pertaining to sandwich boards, as defined by ordinance. 11. Signs must be located on the property on which the business activity is located, with the permission of the property owner. 12. Prohibition of all off -premise temporary and permanent signage shall continue per Monticello Zoning Ordinance regulations 4.5(D)(2), 4.5(D)(9) and general allowable use regulations (5.1). 13. Signs may not be located within any public easement or right-of-way. 14. The City may enforce any provision of this ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. ADOPTED BY the Monticello City Council this 26th day of January, 2015. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff 1, City Administrator VOTING IN FAVOR: Stumpf, Gabler, Hilgart, Perrault, Posusta None VOTING IN OPPOSITION: CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots Page 452 City of Monticello Zoning Ordinance SHELTER, FALLOUT: An accessory building specifically designed and used for the protection of life from radioactive fallout. SHELTER, STORM: An accessory building specifically designed and used for the protection of life from weather events. SHORE IMPACT ZONE: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the required structure setback. SHORELAND: Land located within the following distances from public water: (A) 1,000 feet from the ordinary high water mark of a lake, pond, or flowages. (B) Three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides that extend landward from the waters for lesser distances and when approved by the Commissioner of the Department of Natural Resources or the commissioner’s designated representative. (C) The area included in the recreational land use districts for the Mississippi River as defined in Minnesota Rules Chapter 6105.0800-0950. SHRUB: A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrubs may be deciduous or evergreen. SIDEWALK SALES & DISPLAY, OUTDOOR: Outdoor sale and display, conducted as an accessory, incidental activity by the proprietor, of products normally sold inside a retail establishment, subject to the limitations identified in this ordinance. SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the 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. SIGN FACE: The surface of the sign upon, against, or through which the message of the sign is exhibited. SIGN STRUCTURE: Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots City of Monticello Zoning Ordinance Page 453 SIGN, ABANDONED: Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Where a sign has received a special permit or other City approval, such approval shall run with the principal use of the property, and such a sign shall be considered to be abandoned under this definition when it meets the conditions specified in this section, notwithstanding the prior special approval. SIGN, AREA IDENTIFICATION: A freestanding sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three (3) or more structures, a shopping center consisting of five (5) or more separate business concerns, an industrial area, an office complex consisting of three (3) or more structures, or any combination of the above located on contiguous property. SIGN, AWNING: A building sign or graphic printed on or in some fashion attached directly to the awning material. SIGN, AREA: A sign identifying a series of related parcels or uses, rather than a specific parcel or use. SIGN, BALLOON: A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter. SIGN, BILLBOARD: See definition of Off Premises Sign. SIGN, BUILDING: Any sign attached or supported by any building. SIGN, CANOPY: Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs. Canopy Sign CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots Page 454 City of Monticello Zoning Ordinance SIGN, CHANGEABLE COPY: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. SIGN, CHANGEABLE COPY (ELECTRONIC): A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Electronic changeable copy signs may also be dynamic display signs if the definition of dynamic display sign is met. SIGN, COMMUNITY EVENT: A sign displaying information related to a community event open to the public when such event is sponsored or operated by a person or organization in a not-for-profit capacity. Qualifying organizations shall include: (A) Any organization established under Internal Revenue Code Section as a not-for-profit; (B) Any other organization or individual registering with the Secretary of State as a not-for- profit; (C) Any other organization or individual registering with the City of Monticello and meeting the requirements established by the City Council. SIGN, DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. All dynamic displays are changeable copy signs, but not all changeable copy signs are dynamic displays. Changeable Copy Sign CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots City of Monticello Zoning Ordinance Page 455 SIGN, ELECTRONIC GRAPHIC DISPLAY: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. SIGN, FLASHING: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. SIGN, FREESTANDING: Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. SIGN, HEIGHT OF: The height of the sign shall be computed as the vertical distance measured from the crown of the adjacent street surface at centerline to the top of the highest attached component of the sign. SIGN, IDENTIFICATION: Signs in all districts which identify the business or owner, or manager, or resident, and set forth the address of the premises where the sign is located and which contain no other material. SIGN, ILLUMINATED: Any sign which contains an element designed to emanate artificial light internally or externally. SIGN, MARQUEE: Any building sign painted, mounted, constructed or attached in any manner, on a marquee. Marquee Sign Sign Height CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots Page 456 City of Monticello Zoning Ordinance SIGN, MONUMENT: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding fourteen (14) feet. SIGN, MULTI-VISION: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one (1) of two (2) or more images. SIGN, OFF PREMISES: 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 the 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, OFFICIAL: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty – See also “Public Sign”. SIGN, POLE: See definition of Pylon Sign. SIGN, PORTABLE: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. SIGN, PROJECTING: Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two (2) feet beyond the surface of such building or wall face. SIGN, PUBLIC: Any sign posted by a governmental agency of a public, non- commercial nature, to include signs indicating scenic or historical points of interest, memorial plaques, and the like, and signs for civic interest groups within the City of Monticello when signs are erected by or on order of a public officer or employee in the performance of official duty – See Also “Official Sign”. Projecting Sign Monument Sign CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots City of Monticello Zoning Ordinance Page 457 SIGN, PYLON: Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. SIGN, ROOF: Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. SIGN, ROOF SIGN, INTEGRAL: Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. SIGN, ROTATING SIGN: A sign or portion of a sign which turns about on an axis. SIGN, SANDWICH BOARD: A sign placed near the entrance of a business, usually on the public or private sidewalk, advertising particular aspects of the business goods or services. SIGN, SHIMMERING: A sign which reflects an oscillating sometimes distorted visual image. SIGN, SUSPENDED: Any building sign that is suspended from the underside of a horizontal plane surface and is connected to such surface. SIGN, TEMPORARY: Any sign which is erected or displayed for a specified period of time, including, but not limited to, banners, search lights, portable signs, streamers, pennants, inflatable devices. SIGN, TIME AND TEMPERATURE: A sign that displays only current time and temperature information. SIGN, VIDEO DISPLAY: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. Sandwich Board Sign Pylon Signs CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots Page 458 City of Monticello Zoning Ordinance SIGN, WALL: Any building sign attached parallel to, but within two (2) feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. SIGN, WINDOW: Any building sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. SPECIAL EVENT: An event which plans for or can reasonably expect to attract more than 100 persons at any one time such as cultural events, musical events, celebrations, festivals, fairs, carnivals, etc. SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or entertainment. SPEECH, NON-COMMERCIAL: 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. SITE LANDSCAPING: Required vegetative material consisting of trees and shrubs that are placed on a development site to soften built edges and provide transitions. [See Section 4.1(H)] SHOPPING CENTER: An integrated grouping of commercial stores under single ownership or control. See also “RETAIL COMMERCIAL USES” SLOPE: Means the degree of deviation of surface from the horizontal, usually expressed in percent or degrees. SOLAR ENERGY: Radiant energy (direct, diffuse, and reflected) received from the sun. Window Signage Planning Commission Agenda: 4/07/15 1 8. Consideration of Consideration of a report regarding Temporary Signs, Chapter 4, Section 5 of the Monticello Zoning Ordinance (AS) A. REFERENCE & BACKGROUND: In January of 2015, the City of Monticello adopted an interim ordinance allowing for an expansion in allowances for temporary signage. Interim ordinances allow a municipality the opportunity to study an issue as related to official controls, such as zoning ordinances. As part of the 2015 adoption of the interim ordinance, staff’s recommendation to the Planning Commission and City Council was to provide direction over the course of the year on amendments to the temporary sign ordinance to replace the interim ordinance for 2016. For the Commission’s reference, staff has provided below a comparison of temporary sign provisions under the interim ordinance and existing ordinance, as well as past recommended amendments. During the meeting, staff will also provide an overview of the current permanent sign allowances. At this time, staff is seeking only to provide background information for the Commission in order to provide a reference point for future discussions on ordinance development. ______________________________________________________________________ The Monticello Zoning Ordinance defines temporary signs as follows: SIGN, TEMPORARY: Any sign which is erected or displayed for a specified period of time, including, but not limited to, banners, search lights, portable signs, streamers, pennants, inflatable devices. Temporary signs are permitted accessory uses all districts, subject to regulations as outlined within Chapter 4, Section 5 of the Monticello Zoning Ordinances. In 2011, an interim ordinance regulating temporary signs was first adopted. The interim ordinance was intended to allow the City an opportunity to analyze the temporary sign usage issue over a period of time, including concerns raised by temporary sign permittees regarding allowable number of days and location. The provisions of the interim ordinance essentially superceded the existing ordinance regulations in place. The intent of the interim ordinance was to determine whether amendments to the “Signs” sub-section of the zoning ordinance were necessary to address issues raised with the existing ordinance. The primary issues for evaluation were number of allowable days of use, allowance for signs per business versus building or parcel, and sign size. The following table illustrates a comparison in flexibility between the existing zoning ordinance and that as allowed under the interim ordinance (which is in place for 2015). Planning Commission Agenda: 4/07/15 2 Code Requirement Existing Ordinance Interim Ordinance Signs Allowed Per parcel Per business, sign must be located on parcel on which business in located Number of Signs per Location 1 1 sign every 75 linear feet of ROW, 1 sign per business Number of Days (Annual) 40 Unlimited Square Footage of Sign 32 sq. ft. 40 sq. ft. Permit Required Yes Yes The interim ordinance also provided additional temporary sign allowances as follows.  Subject to other provisions of Section 4.5(I), one (1) additional flag device shall be permitted for a restaurant business with outdoor seating for a period of up to one hundred and fifty (150) days, to be located within or along their outdoor seating area. Such signage shall not be limited by the provisions of Sections 4.5(I)(1).  One (1) sign shall be allowed per street frontage on non-residential properties when a property is seeking to hire or employ personnel, provided that: o Sign may be up to forty (40) square feet in area. o Sign must be on the property on which the business is located. o Sign may not be located within a public right of way or easement. In December of 2012, after a series of discussions with businesses and an evaluation of analysis prepared by the Community Development Department, the Planning Commission recommended to the City Council the amendment of the temporary sign provisions within the existing zoning ordinance rather than extension of the interim ordinance for 2013. However, the City Council elected to continue study of the issue, again adopting an interim ordinance for 2013 and in subsequent years, through 2015. The amendments recommended by the Planning Commission in 2012 are shown below and are compared to both the existing ordinance and interim ordinance provisions. Planning Commission Agenda: 4/07/15 3 Code Requirement Existing Ordinance Interim Ordinance Proposed Ordinance Signs Allowed Per parcel Per business, sign must be located on parcel on which business in located Per business, sign must be located on parcel on which business in located Number of Signs per Location 1 1 sign every 75 linear feet of ROW, 1 sign per business 1 sign every 75 linear feet of ROW, 1 sign per business Number of Days (Annual) 40 Unlimited 150 Days Size 32 sq. ft. 40 sq. ft. 40 sq. ft. Permit Required Yes Yes Yes B. ALTERNATIVE ACTIONS: None. C. STAFF RECOMMENDATION: At this time, staff is seeking only to provide background information for Commission orientation and analysis. The Commission is asked to review the staff report and sign ordinance for question and comment. D. SUPPORTING DATA: A. Interim Ordinance #609 B. Monticello Zoning Ordinance, Chapter 4, Section 5 C. Monticello Zoning Ordinance, Chapter 8.4, Definitions, Excerpt