HomeMy WebLinkAbout09-04-19 PCAPPROVAL OF THE AGENDA
APPROVAL OF MINUTES
July 10th, 2019 Planning Commission Regular Meeting
MINUTES.PDF
PLANNING CASES
Planning Case 19 -008: Drive -Through Menu Board Sign Code Text Amendment
(Public Hearing Required)
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
ATTACHMENT D.PDF
ATTACHMENT E.PDF
Planning Case 19 -009: Amendment To Zoning Ordinance Regarding Clearcutting
And Tree Preservation (Public Hearing Required)
MEMO.PDF
ATTACHMENT A.PDF
UNFINISHED AND NEW BUSINESS
COMMENTS AND REPORTS
Report From The City Council
Planning Commission Comments
ADJOURNMENT
ADJOURN
A quorum of the City Council may be
present at this meeting.
Chair:
Nick Gehrig
Commissioners:
Steven Jones
James Lambeth
Subbaya
Subramanian
Paul Vijums
Jonathan Wicklund
Clayton
Zimmerman
Council Liaison:
Dave McClung
Planning Commission
September 4, 2019
6:30 p.m.
City Hall
Address:
1245 W Highway 96
Arden Hills MN 55112
Phone:
651 -792 -7800
Website :
www.cityofardenhills.org
City Vision
Arden Hills is a strong community that values its unique environmental setting,
strong residential neighborhoods, vital business community, well -maintained
infrastructure, fiscal soundness, and our long -standing tradition as a desirable
City in which to live, work, and play.
Agenda
CALL TO ORDER
1.
2.
2.A.
Documents:
3.
3.A.
Documents:
3.B.
Documents:
4.
5.
5.A.
5.B.
6.
APPROVAL OF THE AGENDAAPPROVAL OF MINUTESJuly 10th, 2019 Planning Commission Regular MeetingMINUTES.PDFPLANNING CASESPlanning Case 19 -008: Drive -Through Menu Board Sign Code Text Amendment (Public Hearing Required)MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFATTACHMENT E.PDFPlanning Case 19 -009: Amendment To Zoning Ordinance Regarding Clearcutting And Tree Preservation (Public Hearing Required)
MEMO.PDF
ATTACHMENT A.PDF
UNFINISHED AND NEW BUSINESS
COMMENTS AND REPORTS
Report From The City Council
Planning Commission Comments
ADJOURNMENT
ADJOURN
A quorum of the City Council may be
present at this meeting.
Chair:Nick GehrigCommissioners:Steven JonesJames LambethSubbaya SubramanianPaul VijumsJonathan WicklundClayton Zimmerman Council Liaison:Dave McClung Planning Commission September 4, 2019 6:30 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. AgendaCALL TO ORDER1.2.2.A.Documents:3.3.A.Documents:3.B.Documents:
4.
5.
5.A.
5.B.
6.
Approved:
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, JULY 10, 2019
6:30 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Chair Nick Gehrig called to order the regular Planning
Commission meeting at 6:30 p.m.
ROLL CALL
Present were: Chair Nick Gehrig, Commissioners James Lambeth, Subbaya Subramanian, Paul
Vijums, Jonathan Wicklund, and Clayton Zimmerman.
Absent: Commissioner Steven Jones.
Also present were: Community Development Manager/City Planner Mike Mrosla and
Councilmember Dave McClung.
APPROVAL OF AGENDA – JULY 10, 2019
Chair Gehrig stated the agenda will stand as published.
APPROVAL OF MINUTES
June 5, 2019 – Planning Commission Regular Meeting
Commissioner Zimmerman moved, seconded by Commissioner Lambeth, to approve the
June 5, 2019, Planning Commission Regular Meeting as presented. The motion carried
unanimously (6-0).
PLANNING CASES
A. Planning Case 19-002; Summit Development – Site Plan Review, Final Planned Unit
Development, Rezoning, Comprehensive Plan, Preliminary and Final Plat,
Conditional Use Permit – Public Hearing
Community Development Manager/City Planner Mrosla stated the proposed development
site is approximately 5.32 acres in size and is comprised of four separate properties: 1718, 1720,
and 1722 Parkshore Drive and 4177 Old Highway 10. The properties are currently vacant. The
City owns an approximately 4-acre parcel of land that borders the site on the west and extends
ARDEN HILLS PLANNING COMMISSION – July 10 , 2019 2
north to the south side of Round Lake. This property is identified in the 2030 Comprehensive
Plan as being part of the Arden Hills parks system, but it has not yet been developed by the City
to include recreational amenities.
Community Development Manager/City Planner Mrosla explained the City previously
approved a Final Plat and Planned Unit Development for the site in 1989 that would have
allowed for the construction of four stand-alone apartment buildings, one on each of the four lots.
Each building would have included 16 units for a total of 64 units. Due to financial constraints
the developer was unable to move forward with the project and the PUD expired in January
1992.
Community Development Manager/City Planner Mrosla reported at their August 21, 2017
meeting the City Council reviewed a concept plan submitted by Pulte Homes. Pulte Home
presented a proposal to construct 59 units of attached townhomes. The concept plan showed 11
separate buildings on the subject site. Each of the stand-alone buildings would have four to six
individual units as shown below. Units would range in size from 1,580 to 2,500 gross square
feet. In order to address stormwater management, two collection ponds are proposed. The larger
of the two ponds would have a surface area of 15,200 square feet and was shown located on the
adjacent City-owned park property. However, Pulte Homes didn’t move forward with the
project.
Site Data
Land Use Plan: MDR – Medium Density Residential
Existing Land Use: Undeveloped
Zoning: R-1: Single Family Residential
Current Lot Sizes: 9.34 Acres (includes 5.32 Acres + 4 Acres of City Park)
Topography: There are substantial grade changes on this site, with
elevations ranging from the low point of 892’
Community Development Manager/City Planner Mrosla reviewed the surrounding area,
detailed the land swap, summarized the Plan Evaluation and provided the Findings of Fact for
review:
1. The property located at 1718, 1720, 1722 Parkshore Drive and 4177 Old Highway 10 is
designated for Medium Density Residential uses on the 2040 Comprehensive Plan. The
applicant has requested an amendment to designation this property for High Density
Residential uses.
2. The applicant has proposed a Site Plan Review, Final Planned Unit Development,
Rezoning, Comprehensive Plan, Preliminary Plat, and Final Plat in order to construct 120
units of independent living, assisted living, and memory care.
3. The applicant has submitted a preliminary and final plat to consolidate five (5) contiguous
properties.
4. The Final PUD substantially conforms to the requirements of the City Code.
5. Where the plan is not in conformance with the City Code, flexibility has been requested
by the applicant and/or conditions have been placed on an approval that would mitigate
the nonconformity.
6. Flexibility through the PUD process has been requested in the following areas: lot size,
minimum landscape coverage, building height and parking requirements.
ARDEN HILLS PLANNING COMMISSION – July 10 , 2019 3
7. The proposed development plan meets or exceeds the minimum requirements of the City
Code in the following areas: building coverage, setbacks, street trees, perennials and
shrubs, minimum caliper inches, tree selection, drainage, wetlands and flood plain,
lighting, and screening.
8. The applicant has submitted a rezoning application and a comprehensive plan
amendment.
9. The subject site is proposed to be rezoned from R-1 (Single Family Residential) to R-4
(Multiple Dwelling).
10. Nursing homes and assisted living facilities area allowed as a conditional use in the R-4
District.
11. The Arden Hills 2040 Comprehensive Plan designates the future land use of the subject
property as Medium Density Residential.
12. The applicant has requested a Comprehensive Plan Amendment to change the future land
use designation of the property to High Density Residential.
13. The adjacent properties to the north and east are zoned R-3 and R-1, respectively, and are
guided for Medium Density Residential use in the Arden Hills 2040 Comprehensive Plan.
14. The proposed Comprehensive Plan Amendment would be compatible with adjacent land
uses and the goals included in the Land Use chapter of the Arden Hills 2040
Comprehensive Plan.
15. The application is not anticipated to create a negative impact on the immediate area or the
community as a whole.
Community Development Manager/City Planner Mrosla stated staff recommends approval of
Planning Case 19-002 for a Site Plan Review, Final Planned Unit Development, Rezoning,
Comprehensive Plan, Preliminary Plat, and Final Plat at 1718, 1720, 1722 Parkshore Drive and
4177 Old Highway 10, based on the findings of fact and submitted plans, subject to the following
conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to the plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City
Council.
2. The Conditional Use Permit and Planned Unit Development approvals shall expire one
year from the date of City Council approval unless a building permit has been requested
or a time extension has been granted by the City Council.
3. The Preliminary Plat approval shall expire six months from the date of the City Council
approval unless the Final Plat has recorded with Ramsey County or a time extension
granted by the City Council.
4. Execution of the Final Plat is contingent upon approval of the Comprehensive Plan
amendment by the Metropolitan Council.
5. Prior to the release of the Final Plat for recording, the Applicant shall enter into a
Development Agreement.
6. The Final Plat shall be recorded prior to the issuance of a building permit.
7. Prior to the issuance of a building permit, the Applicant shall deed Outlot A to the City.
Dedication shall occur free of encumbrances and at no cost to the City.
8. All disturbed boulevards shall be restored with sod.
ARDEN HILLS PLANNING COMMISSION – July 10 , 2019 4
9. All areas of the site, where practical, shall be sodded or seeded and maintained. The
property owner shall mow and maintain all site boulevards to the curb line of the public
streets.
10. The maximum number of units allowed on site is 120.
11. All light poles, including base, shall be a maximum of 25 feet in height and shall be
shoebox style, downward directed, with high-pressure sodium lamps or LED and flush
lenses. Other than wash or architectural lighting, attached security lighting shall be
shoebox style, downward directed with flush lenses. If complaints are received the
lighting adjacent to residential uses shall utilize house shields as directed by the City. In
addition, any lighting under canopies (building entries) shall be recessed and use a flush
lens.
12. The Applicant shall be financially responsible for all applicable water and sanitary
charges. Rates applied shall be those in effect at the time of Final Plat approval and shall
be memorialized in the Development Agreement.
13. A right-of-way permit shall be required for work performed within the City right-of-way.
14. No exterior storage shall be permitted.
15. Prior to the issuance of a land disturbance permit, the Applicant shall submit an operation
and maintenance plan for the long-term care of all on-site and off-site stormwater,
sanitary sewer, and water main to the City for review and approval. The Applicant will be
responsible to carry out these operation and maintenance activities and to submit the
appropriate documentation to the City as specified.
16. Any future trash enclosures shall utilize wooden gates and be constructed on three sides
using the same materials and patterns used on the building. Locations shall be approved
by the Planning Department.
17. This approval does not include signs. A separate sign permit is required for all proposed
signage. All signage shall meet the requirements of Sign District 2.
18. Prior to the issuance of a building permit, a landscape financial security of $20,000.00
dollars shall be submitted. Landscape financial security is held for two full growing
seasons.
19. Before construction, grading, or land clearing begins, trees or tree areas that are to be
preserved shall be visibly marked and city-approved tree protection fencing or other
method shall be installed and maintained at the critical root zones of the trees to be
protected. The location of the fencing shall be in conformance with the approved tree
preservation plan and approved by staff in writing.
20. All rooftop or ground mounted mechanical equipment shall be hidden from view with the
same materials used on the building in accordance with City Code requirements.
21. All fencing and retaining wall materials shall be complementary to the building materials
and shall be approved in writing by the Planning Division prior to issuance of a building
permit. Retaining walls greater than four (4) feet in height shall be engineered and
detailed calculations shall be submitted to the City.
22. Prior to City Council, the Applicant shall submit a materials board to be approved in
writing by staff.
23. A Grading and Erosion permit shall be obtained from the city’s Engineering Division
prior to commencing any grading, land disturbance or utility activities. The Developer
shall be responsible for obtaining any permits necessary from other agencies, including
but not limited to, MPCA, Rice Creek Watershed District, and Ramsey County, MNDOT
prior to the start of any site activities.
ARDEN HILLS PLANNING COMMISSION – July 10 , 2019 5
24. The Applicant shall be responsible for protecting the proposed on-site storm sewer
infrastructure and components and any existing storm sewer from exposure to any and all
stormwater runoff, sediments and debris during all construction activities. Temporary
stormwater facilities shall be installed to protect the quality aspect of the proposed and
existing stormwater facilities prior to and during construction activities. Maintenance of
any and all temporary stormwater facilities shall be the responsibility of the Applicant.
25. Prior to the issuance Grading and Erosion permit, the Engineering Department shall
review and approve final grading and utility plans in writing.
26. All proposed workout station equipment shall be approved by staff prior to the issuance
of a building permit.
27. The Applicant shall update the landscaping to meet the required tree mitigation prior to
the issuance of a Grading and Erosion control permit.
28. The property owners shall complete snow removal, maintenance and replacement of all
proposed sidewalks and trails unless a written agreement between the City and owner
establishes a different requirement.
Community Development Manager/City Planner Mrosla reviewed the options available to
the Planning Commission on this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the public hearing at 7:01 p.m.
Chair Gehrig invited anyone for or against the application to come forward and make comment.
George Winnicke, 4175 Old Highway 10, explained this property has been in his family’s name
for 109 years. He indicated he has seen the whole area develop over his lifetime. He commented
he put covenants in place to protect himself from apartments. He stated he was surprised by the
size of the proposed 4.5-acre park and questioned where the stormwater pond would be located.
He reported he originally had concerns with the proposed density but understood the site would
develop. He stated overall, he believed this was the best use for the site and requested the City
work with him further to iron out the outlot details.
Community Development Manager/City Planner Mrosla discussed how the City had received
4.5 acres of land for the proposed park. He then reviewed the location of the stormwater pond.
Justine Winnicke, _______________, questioned how much lighting would be involved in the
development.
Community Development Manager/City Planner Mrosla reported 25-foot-tall lighting would
be used and explained accent lighting would be placed on the buildings. He explained all
lighting would be downward facing.
Chuck McCann, 1682 Burberry, stated he lived in the adjacent townhouses. He asked if a noise
barrier would be put in place along the highway.
ARDEN HILLS PLANNING COMMISSION – July 10 , 2019 6
Community Development Manager/City Planner Mrosla anticipated the building would act
as a noise barrier. He reported federal action would be required to get a noise wall along the
freeway.
Mr. Winnicke questioned what the height of the new building would be.
Jamison Polk, Summit Development, explained the height at the mid-point was 40 feet six
inches and noted the highest point on the roof was roughly 47 feet.
There being no additional comment Chair Gehrig closed the public hearing at 7:17 p.m.
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Zimmerman discussed the parking situation. He questioned if the site was
adequately parked for guests and asked where employees would park.
Mr. Polk explained based on his experience senior housing developments require .6 to .75
parking stalls per unit. He indicated not all residents would have cars and estimated only 25% of
the residents would still be driving. He noted the site would have 50 surface stalls for employees
and visitors.
Commissioner Wicklund asked what the minimum requirements were for studio apartments.
Community Development Manager/City Planner Mrosla reviewed the size requirements for
studio apartments. He explained the studio style memory care units were designed to protect the
patients.
Mr. Polk indicated the memory care patients spent the majority of their time in the memory care
unit and used their apartment strictly for sleeping purposes. He commented further on the size
and purpose of the memory care unit.
Commissioner Wicklund inquired if the City had reviewed and approved the exchange process.
Community Development Manager/City Planner Mrosla reported the exchange had been
reviewed by the City Attorney and he recommended approval of the process.
Commissioner Wicklund questioned if the City Council had a written policy for changing uses
to increase or decrease density. He stated the City Council was typically averse to increasing
density.
Community Development Manager/City Planner Mrosla explained the PUD process allows
for development with a greater number of units while the City receives something in return for
allowing the use. He indicated the Council had reviewed this application twice and originally
had concerns with the density and noted the number of units had been decreased. He stated one
of the City’s goals was to have life cycling housing, which this plan would be providing.
ARDEN HILLS PLANNING COMMISSION – July 10 , 2019 7
Commissioner Wicklund asked if there was a reason a timeline had been placed on Conditions
#2 and #3.
Community Development Manager/City Planner Mrosla reported these conditions were taken
from City Code and noted the City Council could grant an extension. He commented further on
the project timeline and stated he anticipated the project would not begin until 2020.
Commissioner Vijums inquired if the previously requested Pulte project was high density.
Community Development Manager/City Planner Mrosla stated the Pulte project was high
density and the proposed project was medium density.
Commissioner Vijums questioned what type of surface the trail would have on the west end of
the project.
Mr. Polk explained the walking loop would be an eight-foot-wide asphalt trail. He indicated the
loop around the building would be 20 feet wide and would serve as a fire lane. He commented
benches and six exercise stations would be featured throughout the trail.
Commissioner Vijums asked who would maintain the trail and exercise stations in the future.
Community Development Manager/City Planner Mrosla reported the applicant would
maintain these items into the future and noted this was included as a condition for approval
(Condition 28). He stated this Condition could be amended to read: The property owner shall
complete snow removal, maintenance and replacement of all proposed sidewalks, trails and
equipment, unless a written agreement between the City and owner establishes a different
requirement.
Commissioner Vijums inquired if the other developments were approved with flexibility.
Community Development Manager/City Planner Mrosla stated this was the case.
Commissioner Vijums requested further information regarding the tree screening plans.
Community Development Manager/City Planner Mrosla reviewed the landscaping and tree
planting plan with the Commission. He noted the trees would not be planted until the building
was constructed.
Mr. Polk stated he was happy to plant trees to provide screening for the Winnicke property and
to be a good neighbor.
Chair Gehrig commented the site would have roughly double the units allowed within high
density developments.
Community Development Manager/City Planner Mrosla reported this was the case noting the
site would have 120 units or roughly 24 units per acre. He provided further comment on the
PUD process noting the City would receive the trails and other amenities in return for the
increased density.
ARDEN HILLS PLANNING COMMISSION – July 10 , 2019 8
Mr. Polk explained many other communities allow for 16 to 25 units per acre for high density
developments, while Arden Hills only allows 12 units per acre. He stated after speaking with the
City Council he learned that this was done to require all larger projects to be brought through the
PUD process.
Chair Gehrig asked how the public would access the proposed park.
Community Development Manager/City Planner Mrosla explained the park would have
public parking and could also be accessed via trail. He noted a trail connection would be
completed to the west to Gateway Boulevard at some point in the future.
Chair Gehrig questioned how long this trail connection would be.
Community Development Manager/City Planner Mrosla estimated the trail connection would
be one-quarter of a mile long.
Chair Gehrig stated with rezonings the Commission was to consider if the parcel was
underutilized and he believed this was the case. For this reason, he supported the proposed
rezoning.
Commissioner Subramanian indicated he believed the development would be a good addition
to the City. He asked if the senior living development would be run by a non-profit entity.
Mr. Polk explained Summit Development was a for-profit business and Walker Methodist, the
care manager, was a non-profit entity.
Commissioner Subramanian questioned how the developer arrived at 120 units.
Mr. Polk stated if less than 120 units were constructed it would be difficult for the senior living
development to have proper cash flow. He explained in terms of the market study for Arden Hills
there was a need for 700 units. He stated the 120 units was the smallest building Summit
Development would construct.
Commissioner Subramanian requested further information regarding the land swap.
Mr. Polk discussed the land swap and how it would be used for additional greenspace and an
exercise loop.
Community Development Manager/City Planner Mrosla commented the park dedication fees
for this development would be roughly $149,100. He reported in this case the applicant was
proposing greenspace and park amenities, but anticipated a park dedication fee would still be due
to the City.
Commissioner Subramanian questioned how the high-density project would impact the seniors
living within the development. It was his opinion the seniors would do better in a low-density
development. He asked if any of the trees onsite would be saved.
ARDEN HILLS PLANNING COMMISSION – July 10 , 2019 9
Mr. Polk reviewed the site plan and noted all of the trees on the outlot would remain in place.
He explained 56 trees would be removed from the site out of 172 trees total. He noted three of
these trees were dead and 12 were considered nuisance trees. He indicated he had a very
thorough landscaping and tree replacement plan in place.
Commissioner Subramanian asked if the Fire and Police Departments were ready to take on
more medical and emergency calls.
Community Development Manager/City Planner Mrosla reported this project had been
reviewed by the Fire Department and they understood there may be an increase in calls.
Annalise Peterson, Vice President of Operations at Walker Methodist, discussed the benefits of
bringing older adults together noting this increased their quality of life and life expectancy. She
stated socialization was incredibly important for seniors. She discussed how seniors were
encouraged to call for staff or a nurse versus dialing 911.
Commissioner Lambeth stated the site has substantial grade changes from low to high. He
anticipated significant grading would be required to complete this development.
Mr. Polk reported there would be a significant amount of export from this site. He stated the
lower southeast corner of the building would be at grade on the back side of the hill. He noted he
would be excavating into the hill to accommodate the building and underground parking.
Commissioner Lambeth requested further information regarding the lighting plan.
Community Development Manager/City Planner Mrosla reviewed the lighting plan with the
Commission.
Mr. Polk explained he would make adjustments to the lighting if any light was spilling off the
site onto neighboring properties. He stated he would also be willing to make adjustments to the
screening.
Commissioner Lambeth commented on the traffic impact from the proposed development
noting it was his understanding not all residents would be driving. He stated he did not have any
concerns with the traffic that would be generated by the proposed development.
Mr. Polk reported the development would have 24 memory care units and five enhanced assisted
living units. He explained the residents in these units would not drive. He stated it has been his
experience that the majority of the residents living in assisted living do not drive. He explained
the development was a community experience.
Community Development Manager/City Planner Mrosla explained he had located the
language within City Code regarding studio apartments. He stated the maximum unit size for
studio apartments within the TRC was 475 square feet, however this excluded memory care,
skilled nursing and assisted living units.
Chair Gehrig reviewed the considerations the Commission was to make for the Site Plan
Review, Final Planned Unit Development, Rezoning, Comprehensive Plan Amendment,
ARDEN HILLS PLANNING COMMISSION – July 10 , 2019 10
Preliminary and Final Plat and Conditional Use Permit and noted he supported the proposed
senior living development.
Commissioner Lambeth stated he supported the proposed exterior finishes for this development
and appreciated the fact this building would blend in well with the adjacent communities.
Community Development Manager/City Planner Mrosla commented for the record that two
neighborhood meetings were held for this project. He stated overall there was general support
for the project.
Commissioner Subramanian recommended the maximum number of units be capped at 120.
Community Development Manager/City Planner Mrosla stated this could be done by adding
a condition for approval to read: The maximum number of units allowed would be 120. This
would require the applicant to go through the PUD process again if an amendment were
requested.
Chair Gehrig recommended Condition 29 be added to read: The property owner and City shall
come to an agreement on connecting the park trail upon opening the park space.
Commissioner Zimmerman moved and Commissioner Vijums seconded a motion to
recommend approval of Planning Case 19-002 for Site Plan Review, Final Planned Unit
Development, Rezoning, Comprehensive Plan, Preliminary Plat, and Final Plat at 1718,
1720, 1722 Parkshore Drive and 4177 Old Highway 10 based on the findings of fact and the
submitted plans, as amended by the twenty-nine (29) conditions in the July 10, 2019, report
to the Planning Commission. The motion carried unanimously (6-0).
UNFINISHED AND NEW BUSINESS
None.
REPORTS
A. Report from the City Council
Councilmember McClung provided the Commission with an update from the City Council. He
noted a contract with CTV had been approved to upgrade the video equipment in the Council
Chambers. He noted the Council considered an exemption for adult only tobacco shops noting a
flavor ban was approved and would begin after December 31, 2019. He explained the Council
approved the Boston Scientific and Brausen Planning Cases. He thanked the Planning
Commission for the great work they do for the City of Arden Hills.
B. Planning Commission Comments and Requests
None.
ARDEN HILLS PLANNING COMMISSION – July 10 , 2019 11
C. Staff Comments
None.
ADJOURN
Commissioner Zimmerman moved, seconded by Commissioner Vijums, to adjourn the July
10, 2019, Planning Commission Meeting at 8:31 p.m. The motion carried unanimously (6-
0).
City of Arden Hills
Planning Commission Meeting for September 4, 2019
P:\Planning\Planning Cases\2019\PC 19-008 Drive-Through Menu Board Sign Code Text Amendment
Page 1 of 5
MEMORANDUM
DATE: September 4, 2019 PC Agenda Item 3A
TO: Planning Commission
FROM: Mike Mrosla, Community Development Manager/City Planner
SUBJECT: Planning Case #19-008 Drive-Through Menu Board Sign Code Text
Amendment - Public Hearing Required
Applicant: Expedite The Diehl
Property Location: 1313 County Rd. E
Request: Sign Code Text Amendment
Requested Action
Expedite The Diehl has submitted an application for a sign code text amendment on behalf of
McDonalds. The Applicant is requesting a sign code text amendment that would allow for
dynamic display menu board signs at drive-through facilities.
Background
Over the last few years drive-through facilities have moved away from the traditional changeable
copy drive-through menu boards to dynamic display signs. Dynamic display signs are becoming
the preferred method of internal and exterior menu boards for restaurants and other establishments.
Dynamic display menu board signs are more cost-effective than traditional menu boards and
reduce the amount of waste in landfills. The digital display is also more energy efficient as current
LED technology has a far greater lifespan than traditional bulbs and ballasts. The use of digital
displays in drive-throughs reduces wait time spent in the drive-throughs by only offering items
that are available, thereby reducing vehicle stacking.
All of the existing drive-through menu boards in the community consist of changeable paper copies
and are backlit by bulbs. In the past, staff has utilized free standing sign requirements or designated
the signs as incidental sign. An incidental sign is any sign that is generally not understandable or
readable from property other than where the sign is located, such as from adjacent property or a
public street. Upon review, the majority of existing drive-through menu board signs were approved
as incidental signs and were not evaluated as they were located out of view. The proposed
amendment would require staff to review menu boards.
An example of the proposed dynamic display drive-through menu board signs can be found at the
McDonalds in Circle Pines and is shown on the image on the next page.
City of Arden Hills
Planning Commission Meeting for September 4, 2019
P:\Planning\Planning Cases\2019\PC 19-008 Drive-Through Menu Board Sign Code Text Amendment
Page 2 of 5
Image 1. Drive-Through Menu Board Sign. Mike Mrosla. August 27, 2019. 1. Overview of Request:
As previously stated, the Applicant on behalf of McDonald’s is requesting to permit dynamic
display menu board signs located at drive-through facilities. The Applicant’s request would
require amendments to the following sign code sections:
• 1210.01 – Definitions – Add a definition for menu board signs.
• 1230.02 - Prohibited Signs – Add exception to digital displays to permit digital display
menu boards in drive-through facilities.
• 1240.04 – New code section regulating menu boards signs.
2. Text amendments:
As part of the application, the Applicant submitted a draft sign ordinance with proposed language
and findings to support their request. Staff has reviewed the Applicant’s proposed ordinance
language and has provided the following language in order to address the request:
A. 1210.01 Definitions. The proposed definition defines what qualifies as a menu board sign
and where they are located. The intent is to have all menu boards signs to comply with the
proposed new code section (1420.02) as discussed below. The proposed definition would
read as follows:
MENU BOARD SIGN. A freestanding exterior sign adjacent to the drive-through lane at
a drive-through facility that identifies items for sale at the facility and their associated
prices for customers. The menu board must comply with §1240.02 of this chapter.
City of Arden Hills
Planning Commission Meeting for September 4, 2019
P:\Planning\Planning Cases\2019\PC 19-008 Drive-Through Menu Board Sign Code Text Amendment
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B. 1230.02 - Prohibited Signs. Section 1320.02 of the sign code prohibits the use of dynamic
display signs. This section would need to be amended to exclude dynamic display menu
board signs from other dynamic display signs. The proposed amendment would read as
follows:
Dynamic Display Signs. Dynamic display signs shall be prohibited, except as provided in
section 1240.04 of this code section.
C. 1240.04 – Menu Board Signs. The proposed language is intended to codify the location,
design and standards for menu board signs. The proposed text amendment would read as
follows:
1240.04 MENU BOARD SIGNS
All Menu Board Signs for Non-Residential Uses. Drive-through menu board sign
are allowed for non-residential uses provided the requirements in this section are
met.
Subd. 1. Location: All drive-through menu board signs shall be single-sided
and located adjacent to the drive-through lane and shall not be located in any
required setback. Signs may be affixed to the building.
Subd. 2. Height: A drive-through menu board sign shall not exceed eight (8)
feet in height.
Subd. 3. Size: A drive-through menu board sign shall not exceed forty (40)
square feet.
Subd. 4. Number: Up to two drive-through menu board signs are permitted per
drive-through lane. The total surface area of the two signs shall not exceed
forty (40) square feet.
Subd. 5. Drive-through menu board signs shall comply with the following
standards:
A. The images, colors, and text may not change more than two (2) times per
day;
B. All images, colors, and text shall be static with no flashing, scrolling, or
animation; and
C. At any time the business or drive-through is closed to the public, any
drive- through menu board sign shall be turned off until the business or
drive-through is open to the public.
D. Signs with speakers or intercoms shall be designed and located in a
manner to direct noise away from adjoining properties. Speaker noise shall
not be audible to adjacent residential properties.
City of Arden Hills
Planning Commission Meeting for September 4, 2019
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E. The sign(s) shall not be located as to impair the vision of the driver of a
vehicle traveling either into, out of, or through the drive-through lane.
The proposed language above removes the ability to have two-sided menu board signs and
describes where menu board signs are permitted. The proposed height standard is consistent with
existing ordinance standards for auxiliary signs in Sign District 5. When determining the
appropriate surface area, staff reviewed the Applicant’s proposed language and currently-approved
sign permits. It was determined that the Applicant-proposed sign surface area of 36 square feet
would cause some of the existing drive-through signs to be non-conforming. All of the existing
drive-through menu board signs in the community are slightly larger but are under 40 square feet.
Based on the findings, staff is proposing 40 square feet as the maximum sign surface area. This is
also consistent with other municipalities within the metro.
The community has a number of existing drive-through locations with more than one (1) menu
board or pre-menu board sign. The intent of limiting the number of drive-through menu board
signs to two (2) signs is to ensure the existing signs are in conformance with the Code and allow
a user to have two (2) menu board signs as long as they don’t exceed the maximum permitted size
of a single menu board. The intent of subdivision five (5) is to provide standards for traditional
drive-through menu board signs and digital displays. The Applicant-submitted ordinance language
requested the ability to allow menu boards signs to change up to three (3) times per day. Upon
review, the existing drive-through establishments within the community currently offer a separate
breakfast menu from their traditional lunch/dinner menu and that is the rationale behind allowing
signs to change twice per day. The proposed ordinance language requires that all proposed signs
remain static to meet the intent of the existing paper menu board signs. After reviewing the
Applicant’s draft ordinance language in subsection C, staff determined that all drive-through menu
board signs shall be turned off when the drive-through facility is closed. Turning off the screens
would be a similar practice to turning off the lights on exiting menu boards. Subsection E is
intended to limit the noise impacts on adjacent properties and subsection E is intended to provide
motor vehicles with clear vision in drive-through lanes.
All of the proposed amendments are consistent with Section 1200.02, Subsection 2 of the Sign
Code. The Applicant submitted their findings which can be found in exhibit B. The proposed
amendments have been provided in Attachment A. The City Attorney has reviewed and approved
the proposed changes.
Proposed Motion Language
1. Recommend Approval: Motion to recommend approval of Planning Case 19-008 for proposed
amendments to Chapter 12 – Sign Code, adding a definition for Menu Board Signs, and
excluding dynamic displays menu boards from prohibit signs, and adding section 1240.04
Menu Board Signs requirements, as presented in the September 4, 2019 Report to the Planning
Commission.
2. Recommend Denial: Motion to recommend approval of Planning Case 19-008 for proposed
amendments to Chapter 12 – Sign Code, adding a definition for Menu Board Signs, and
excluding dynamic displays menu boards from prohibit signs, and adding section 1240.04
Menu Board Signs requirements, as presented in the September 4, 2019 Report to the
Planning Commission: findings to deny should specifically reference the reasons for denial.
City of Arden Hills
Planning Commission Meeting for September 4, 2019
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3. Table: Motion to recommend approval of Planning Case 19-008 for proposed amendments to
Chapter 12 – Sign Code, adding a definition for Menu Board Signs, and excluding dynamic
displays menu boards from prohibit signs, and adding section 1240.04 Menu Board Signs
requirements, as presented in the September 4, 2019 Report to the Planning Commission: a
specific reason and/or information request should be included with a motion to table.
Notice and Public Comments
Notice was published in the Arden Hills-Shoreview Bulletin on August 21, 2019. Staff has
received no questions or comments.
Attachments
A. Application
B. Applicant Proposed Language and Findings
C. Chapter 12 – Sign Code, Menu Board Sign Definition Red-line (Section 1210.01)
D. Chapter 12 – Sign Code, Prohibited Signs Red-line (Section 1230.02)
E. Chapter 12 – Sign Code, 1240.04 Menu Board Signs Red-line (Section 1240.04)
The request before you is to amend Chapter 12 Sign Code for the City of Arden Hills MN as it relates to the
allowance for Led Menu Boards in a Drive-thru establishment.
The Sign Code defines a Dynamic Display as:
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 itself, or any othe r component of the sign. This includes a
display that incorporates a technology or method allowing the sign face to change the image without having to
physically or mechanically replace the sign face or its components. This also includes, but is not limited to, any
rotating, revolving, moving, flashing, blinking, projecting, 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.
The code does not define menu boards.
Chapter 12 states the following in § 1200.02 Subd. 1: This Sign Code is intended to establish a comprehensive and
balanced system of sign control that accommodates th e need for a well-maintained, safe, and attractive
community, and the need for effective communications, including business identification. It is the intent of these
sign regulations, to promote the health, safety, general welfare, aesthetics, and image o f the community by
regulating signs that are intended to communicate to the public in all areas of the City. It is not the purpose or
intent of this Chapter to regulate the message displayed on any sign. The purpose of this Chapter is to authorize:
A. Permanent signs which establish a high standard of aesthetics and are appropriate for the planned
character in each sign district as established in Section 1240;
B. Signs which are compatible with their surroundings;
C. Signs which are designed, constructed, installed and maintained in a manner that does not adversely impact
public safety or create a hazard to motorists, pedestrians, or cyclists;
D. Signs that are proportioned to the scale of, and are architecturally compatible with, principal structures;
E. Permanent signs which give preference to the on -premise owner or occupant;
F. Temporary commercial signs and advertising displays which provide an opportunity to advertise while
restricting signs that create visual clutter and hazards at public right-of-way intersections;
G. Minimize adverse effects on nearby property; and,
H. Provide for fair and consistent enforcement of the sign regulations set forth herein under the authority of
the City.
Subd. 2 Findings. The City finds it is necessary for the promotion and preservation of the public health, safety,
welfare, and aesthetics of the community to control the construction, location, size, and maintenance of
signs. Further, the City finds:
A. Permanent and temporary signs have a direct impact on and relationship to the image and aesthetic of the
community;
B. The manner of installation, location and maintenance of signs affects the public health, safety, welfare and
aesthetics of the community;
C. An opportunity for viable identification of community businesses, residences, and institutions must be
established;
D. The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the
number, size, location and appearance of signs that create a hazard for drivers, particularly from dynamic display
signs;
E. Installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other
structures may constitute a hazard during periods of high winds and an obstacle to effective fire -fighting and other
emergency service;
F. Uncontrolled and unlimited signs and sign types, particularly dynamic display signs, adversely impact the
image and aesthetic attractiveness of the community and thereby undermine economic value and growth;
G. Uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or
adjacent to public right-of-way or are located at driveway/street intersections, result in roadside clutter and
obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely
impacts a logical flow of information;
H. Commercial signs are generally incompatible with residential uses and should be strictly limited in
residential zoning districts; and
I. The right to express noncommercial opinio ns in any zoning district must be protected, subject to reasonable
restrictions on size, height, location and number.
The following text amendment is proposed for Chapter 12 Sign Code and is consistent with the overall intent of the
Sign Code and respectfully we request your approval of the proposed text amendment to create a definition for
menu board signs in § 1210 DEFINITIONS as follows:
MENU BOARD SIGN. A freestanding exterior sign adjacent to the drive-through lane that
identifies items for sale at the restaurant and their associated prices or specials. The menu
board must comply with §1240.02 of this chapter.
Respectfully we request your approval of the proposed text amendment to create § 1240.04 as follows:
§ 1240.04 MENU BOARD SIGNS
All Menu Board Signs for Non-Residential Uses. Drive-thru board signs are allowed for non-
residential uses provided the requirements in this section are met.
i. Location: All drive-thru board signs shall be located adjacent to the drive-through
lane and shall not be located in any required setback. Signs may be located on the
building or as a monument-style or pedestal sign.
ii. Height: A drive-thru board sign shall not exceed six feet in height.
iii. Size: A drive-thru board sign with a menu (or options) board sign shall not exceed
twenty-four (24) square feet.
iv. Number: One drive-thru board sign with a maximum area of twenty-four (24)
square feet and one sign with a maximum area of twelve (12) square feet shall be
permitted for each drive-thru board lane.
v. A Drive-thru Board sign may be LED and shall comply with the following:
1. The light output of the LED shall not exceed 2 foot-candles;
2. The images, colors, and text may not change more than 3 times per day;
3. All images, colors, and text shall be static with no flashing, scrolling, or
animation; and
4. At any time the business or drive-through is closed to the public, any Drive- thru
Board sign shall be dimmed and shall remain dimmed or be turned off until the
business or drive-through is open to the public.
This change is consistent with surrounding cities in Minnesota and it addresses the following criteria from
§1200.02 Subd. 1:
A. Permanent signs which establish a high standard of aesthetics and are appropriate for the planned
character in each sign district as established in Section 1240;
B. Signs which are compatible with their surroundings; signs of this type are required for a drive thru
restaurant to operate.
C. Signs which are designed, constructed, installed and maintained in a manner that does not adversely impact
public safety or create a hazard to motorists, pedestrians, or cyclists;
D. Signs that are proportioned to the scale of, and are architecturally compatible with, principal structures;
new technology is available that allows for the better use of natural resources. Eliminating paper menus and the
need for ballasts helps to reduce the carbon footprint.
E. Permanent signs which give preference to the on-premise owner or occupant;
F. Temporary commercial signs and advertising displays which provide an opportunity to advertise while
restricting signs that create visual clutter and hazards at public right-of-way intersections; limiting the size of menu
boards specifically will create consistency through-out the city for this type of use.
G. Minimize adverse effects on nearby property; and,
H. Provide for fair and consistent enforcement of the sign regulat ions set forth herein under the authority of
the City; currently the code is silent on the use of menu boards and this text amendment will allow for concise
guidelines that regulate this type of sign.
This change also takes into considering the following criteria from §1200.02 Subd. 2:
A. Permanent and temporary signs have a direct impact on and relationship to the image and aesthetic of the
community; Menu boards are necessary for a fast service restaurant to function. Providing for clear text in the
ordinance to address this sign type will allow for consistency.
B. The manner of installation, location and maintenance of signs affects the public health, safety, welfare and
aesthetics of the community; Menu boards prevent stacking in the drive thru by allowing for patrons and citizens
to move thru the drive thru quickly. The clear deliverance of menu options will facilitate in the safe moveme nt of
traffic. The proposed text amendment allows for the use of the latest technology.
C. An opportunity for viable identification of community businesses, residences, and institutions must be
established; The menu boards are necessary for a drive thru restaurant to remain viable and are not intended for
viewing beyond the property line.
D. The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by
the number, size, location and appearance of signs that create a hazard for drivers, particularly from dynamic
display signs; The menu boards are not dynamic display signs. The images are static and have the brightness of a
Kindle. The screen can be dimmed and programed to be off when businesses are closed. The overall intent of this
menu board is not to distract motorists but rather for viewing of the vehicle that is in the drive thru lane and they
are only intended to facilitate a streamlined process of customer ordering for a drive thru es tablishment.
E. Installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other
structures may constitute a hazard during periods of high winds and an obstacle to effective fire -fighting and other
emergency service; The menu boards are ground mounted.
F. Uncontrolled and unlimited signs and sign types, particularly dynamic display signs, adversely impact the
image and aesthetic attractiveness of the community and thereby undermine economic value an d growth; The text
amendment suggests further limitations that would define menu boards and clearly outline allowances for this
type of sign.
G. Uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or
adjacent to public right-of-way or are located at driveway/street intersections, result in roadside clutter and
obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely
impacts a logical flow of information; The text amendment intent is to deliver clear concise guidelines that provide
for cohesive allowances for this type of sign as it relates to a drive thru establishment to help reduce traffic in the
drive thru lane and facilitate the use of a menu that is visible to motorists.
H. Commercial signs are generally incompatible with residential uses and should be strictly limited in
residential zoning districts; The text amendment is only for properties where a drive thru use would already be
allowed and is not intended for use on residential properties.
I. The right to express noncommercial opinions in any zoning district must be protected, subject to reasonable
restrictions on size, height, location and number; the text amendment proposes limitations to menu boards that
the code does not currently contain. This proposal is consistent with the national average for this type of sign as
well as those in surrounding cities in the State of Minnesota. The menu board is intended for viewing menu items
and is not intended to draw attention to the property in any way.
1210.01 Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed
to them in this subsection, except where the context clearly indicated a different meaning:
∙ Auxiliary sign. A sign that provides direction for internal circulation, parking or entry, restrictions
on parking, security warnings, or other similar primarily noncommercial signs that are directed at people
that are entering, exiting, or on a particular property. Auxiliary signs do not include outdoor advertising
signs.
∙ Banner. Any temporary sign of lightweight fabric or similar material mounted to a pole or a
building at one (1) or more edges.
∙ Billboard. See "Outdoor advertising sign."
∙ Canopy/awning sign. A message or logo on an awning or canopy which is constructed according to
the requirements of the building code, is an integral part of the building, and is consistent with the
architecture and design of the building.
∙ Clear vision area. The clear vision area shall be an area within a triangle that is measured along the
edge of the driving surface of the road starting at the intersection of two roads (public or private) and
extending thirty (30) feet in each direction from the intersection and then a line connecting these two
end points.
∙ Changeable message sign. A message that is not permanently attached to the sign face but is not a
dynamic display. The message is changed manually.
∙ Commercial message sign. Any message which identifies a business or product or promotes the
sale of any product or service.
∙ 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 itself, or any other
component of the sign. This includes a display that incorporates a technology or method allowing the
sign face to change the image without having to physically or mechanically replace the sign face or its
components. This also includes, but is not limited to, any rotating, revolving, moving, flashing, blinking,
projecting, 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.
∙ Freestanding sign. A self-supporting sign usually held up by uprights placed in the ground or any
other base that is anchored to the ground.
∙ Grand opening. Commencement of operation of a new business. For purposes of the ordinance, a
grand opening is considered to occur if there is a business name change or change in type of business or
activity.
∙ Graphic sign. A sculpture attached to or sign painted directly on a wall that is primarily symbolic or
representational in nature and not alpha or numeric in content or copy.
∙ Illuminated sign. Any sign, which has characters, letters, figures, designs or outlines which is
illuminated by an artificial light source.
∙ Incidental sign. Any sign that is generally not understandable or readable from property other
than where the sign is located, such as from adjacent property or a public street, as determined by the
City Administrator of their designee.
∙ Lighting, backlit. An illuminated sign where the light source which illuminates the wall behind
individual sign letters is hidden from view. The sign letters are opaque and appear as a silhouette
against the lighted surface.
∙ Lighting, external. The sign is illuminated by means of external light fixtures directed at the sign.
∙ Lighting, internal. An illuminated sign having the source of illumination located inside a translucent
panel and is not directly visible.
∙ MENU BOARD SIGN. A freestanding exterior sign adjacent to the drive-through lane at a drive-
through facility that identifies items for sale at the facility and their associated prices for customers.
The menu board must comply with §1240.02 of this chapter.
∙ Monument sign. A freestanding sign with its sign face mounted on the ground or mounted on a
base at least as wide as the sign and is less than sixteen (16) feet in height.
∙ On-premise sign. A sign whose message is related to the property or the activity and use occurring
on the property on which the sign is located. On-premise signs include multi-tenant identification signs
that may advertise tenants on different property provided such tenants are within the same approved
PUD and parking is shared between properties.
∙ Outdoor advertising sign. Any sign that is located outdoors and that advertises a product,
business, service, event, or any other matter that is not available, or does not take place, on the same
premises as the sign. Outdoor advertising signs are commonly called billboards. An outdoor advertising
sign does not include a sign that is not readily understandable or readable from property other than
where the sign is located, such as from adjacent property or a public street, as determined by the City
Administrator or their designee.
∙ Permanent sign. Any sign that is not temporary.
∙ Pole sign. A freestanding sign that is elevated off the ground by one or more poles.
∙ Portable sign. A temporary sign with or without copy and graphic that is designed or intended to
be moved or transported but not including banner signs. Examples of portable signs include, but are not
limited to: A-frame or T-frame signs, sandwich signs; signs designed to be transported by trailer or on
wheels; and signs mounted on a vehicle for advertising purposes, except signs identifying a business
when the vehicle is being used in the normal day-to-day operation of that business. A sign may be a
portable sign even if it has wheels removed, was designed without wheels, or is attached to the ground,
a structure, or other sign.
∙ Projecting sign. A sign, other than a wall sign, that is attached to and projects more than eighteen
(18) inches from the building façade.
∙ Public sign. A traffic control sign in Minnesota State Statutes; any identification sign installed in a
public park by a public authority; and any other identification, regulatory, or warning sign approved by
the City Council for installation on public land.
∙ Re-facing. The process of replacing the sign copy, message, logo, or graphic on a sign without
altering or moving the structure to which the sign face is attached.
∙ Roof sign. A sign that is mounted on the roof of a building or on a parapet wall that is above the
roof line.
∙ Rotating sign. A sign or a portion of a sign which moves in a rotating oscillating or similar manner
other than changing signs.
∙ Service area canopy. Open air roof-like structure that projects from the wall of a building or is
freestanding and is for the purpose of shielding equipment and/or people from the elements; is often
found covering service or gasoline station islands.
∙ Sign. Any written message, pictorial presentation, number, illustration, decoration, banner or
other device that is used to announce, direct attention to, identify, advertise or otherwise make
anything known. For purpose of maintenance or removal, the term "sign" shall also include frames and
support structures.
∙ Sign area. The area in square feet of smallest rectangle, circle, or triangle that contains the sign
copy.
∙ Sign height. The distance measured perpendicular from the highest point of the sign structure to
the average elevation of the street used for access to the property.
∙ Temporary sign. A sign designed to be displayed for a limited period of time that is not
permanently affixed to the land or to a structure.
∙ Wall sign. A sign attached to or erected against an exterior wall surface of a building or structure.
∙ Window sign. A sign mounted inside of a building within the window area that is applied or
fastened to the window in a manner that is intended to be viewed from outside the building.
1230.02 Prohibited Signs.
The following signs shall be prohibited in all sign districts:
Subd. 1 Signs with Moving, Swinging, Revolving, or Rotating parts.
Subd. 2 Dynamic Display Signs. Dynamic display signs shall be prohibited, except as
provided in section 1240.04 of this code section.
Subd. 3 Roof Signs.
Subd. 4 Projecting signs.
Subd. 5 Noncompliant Signs. Any sign not constructed, wired, assembled, attached or
supported in conformance with applicable building or other codes and regulations;
Subd. 6 Signs in the Right-of-way. Signs in the public right-of-way except as provided for in
Section 1250.03, by Minnesota Statutes, or allowed by the agency regulating the
right-of-way;
Subd. 7 Signs attached to public utility poles, trees, street signs, stoplights, or fences;
Subd. 8 Permanent outdoor advertising sign, including billboards;
Subd. 9 Portable Signs. Portable signs shall be prohibited, except for portable A-frame, T-
frame, sandwich, or other similar signs that do not exceed six (6) square feet in
size.
Subd. 10 Signs in the Clear Vision Area.
Subd. 11 Signs Imitating Traffic Control Signs. Signs which are designed to resemble
official traffic signs except signs which are used to control traffic on private
property;
Subd. 11 Any sign, sign type, sign lighting, or sign technology not specifically listed as
permitted in this Chapter shall be prohibited.
1240.03 Manual Changeable Message Sign.
No more than thirty-five (35) percent of the actual sign area of a permitted sign in a
non-residential sign district shall be capable of displaying manually changing messages.
The remainder of the sign area shall not have the capability to change messages even if
not used. Manual changing message signs shall not include dynamic displays.
1240.04 MENU BOARD SIGNS
All Menu Board Signs for Non-Residential Uses. Drive-through menu board
sign are allowed for non-residential uses provided the requirements in this
section are met.
Subd. 1. Location: All drive-through menu board signs shall be single
sided and located adjacent to the drive-through lane and shall not be
located in any required setback. Signs may be affixed to the building.
Subd. 2. Height: A drive-through menu board sign shall not exceed
eight (8) feet in height.
Subd. 3. Size: A drive-through menu board sign shall not exceed forty
(40) square feet.
Subd. 4. Number: Up to two drive-through menu board signs are
permitted per drive-through lane. The total surface area of the two
signs shall not exceed forty (40) square feet.
Subd. 5. A Drive-through menu board signs shall comply with the
following standards:
A. The images, colors, and text may not change more than two (2)
time per day;
B. All images, colors, and text shall be static with no flashing,
scrolling, or animation; and
C. At any time the business or drive-through is closed to the public,
any Drive- through menu board sign shall be turned off until the
business or drive-through is open to the public.
D. Signs with speakers or intercoms shall be designed and located in
a manner to direct noise away from adjoining properties. Speaker
noise shall not be audible to adjacent residential properties.
E. The sign(s) shall not be located as to impair the vision of the
driver of a vehicle traveling either into, out of, or through the drive -
through lane.
Section 1250 - Special Provisions
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City of Arden Hills
Planning Commission Meeting for September 4, 2019
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Requested Action
Consider approval of Planning Case File #19-009, an amendment to Chapter 13 of the Arden Hills
Zoning Code. The amendment adds a definition for Land Disturbance Activity and codifies the
need for a tree preservation plan prior to clear-cutting a site.
Background
In the last few years, there have been cases where a property owner has clear-cut a parcel of land
prior to submitting any development applications. Section 1325.055 of the City Code addresses
tree preservation requirements, but the requirements are currently triggered by a development
application. The code does not address the removal of vegetation prior to any application.
In order to address this issue, the following amendments are proposed.
• An amendment to Section 1325.04 adding a definition of Land Disturbance Activity as
follows:
Land Disturbance Activity. Any land change greater than 2,500 square feet or 50 cubic
yards on any parcel, or land change on a parcel of land located within a shoreland area
or adjacent to a surface water that may result in soil erosion from wind, water and/or ice
and the movement of sediments into or upon waters or lands of the city, including but not
limited to construction, clear-cutting, clearing and grubbing, grading, excavating,
transporting and filling of land. Land Disturbance Activity does not mean the following:
MEMORANDUM
DATE: September 4, 2019 PC Agenda Item 3B
TO: Planning Commission
FROM: Mike Mrosla, City Planner
Jane Kansier, AICP, Planning Consultant
SUBECT: Planning Case # 19-009 – Public Hearing Required
Applicant: City of Arden Hills
Property Location: 1900 and 1901 Lake Valentine Road
Request: Amendment to Zoning Ordinance Regarding Clearcutting and Tree
Preservation
_____________________________________________________________________________________________
City of Arden Hills
Planning Commission Meeting for September 4, 2019
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o Minor land disturbance activities such as home gardens and an individual's home
landscaping, repairs and maintenance work;
o Additions or modifications to existing single-family dwellings or accessory
structures that will result in creating under 2,500 square feet of exposed soil
and/or impervious surface and less than 50 cubic yards;
o Construction, installation and maintenance of electric, telephone, and cable
television utility lines or individual service connection to these utilities, except
where a minimum of 5,000 square feet of land disturbance can be anticipated;
o Tilling, planting or harvesting of agricultural, horticultural, or silvicultural
crops;
o Installation of fence, sign, telephone, and electric poles and other kinds of posts,
bollards or poles; and
o Emergency work to protect life, limb, or property and emergency
repairs. However, if the land disturbing activity would have required an
approved Erosion and Sediment Control Plan except for the emergency, then the
land area disturbed shall be shaped and stabilized in accordance with the
requirement of the PWD when applicable.
• An amendment to Section 1325.055, Tree Preservation, Subd. 2, stating “It shall be
unlawful for any person to engage directly or indirectly in a land disturbing activity, as
defined in this ordinance, unless such person has applied for and obtained approval of a
tree preservation plan. No preliminary plat, building permit, grading permit, or other
City required permit shall be granted unless approval of a tree preservation plan has
been obtained.”
• An amendment to Section 1325.055, Subd. 5, D, stating, “Prior to removal, all diseased
or nuisance trees must be clearly identified on the site, and the diseased or nuisance state
must be certified by a certified tree inspector, forester or arborist.”
• An amendment to Section 1325.08, Subd. 2, D and E, and Subd. 4 to be consistent with the
provisions of Chapter 15, Erosion and Sedimentation Control.
The proposed language is intended to codify the need for a tree preservation plan prior to clear-
cutting a site. Clearcutting is part of a larger infill development discussion. This language may
not address all the issues, but it does provide some protection for clear-cutting without a
development application. S
Because this is an amendment to the Zoning Code, a public hearing, and a recommendation from
the Planning Commission is required. Along with this amendment, the City Council will also be
considering amendments to Chapter 7, Section 710, Trees and Vegetation, and to Chapter 15,
Erosion and Sediment Control. The purpose of these amendments is to ensure the separate sections
of the City Code are consistent across the board, to address current conditions that are not included,
and to provide consistency with other agency rules.
The language of all the proposed amendments are attached to this report.
_____________________________________________________________________________________________
City of Arden Hills
Planning Commission Meeting for September 4, 2019
P:\Planning\Planning Cases\2019\PC 19-009 – Clearcutting Ordinance Amendments\PC Packets
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Proposed Motion Language
1. Recommend Approval: Motion to recommend approval of Planning Case 19-009 for proposed
amendments to Chapter 13 – Zoning Code, adding a definition for Land Disturbance Activity
and codifying the need for a tree preservation plan prior to clear-cutting a, as presented in the
September 4, 2019 Report to the Planning Commission.
2. Recommend Approval with Amendments: Motion to recommend approval of Planning Case
19-009 for proposed amendments to Chapter 13 – Zoning Code, adding a definition for Land
Disturbance Activity and codifying the need for a tree preservation plan prior to clear-cutting
a, as presented in the September 4, 2019 Report to the Planning Commission with amendments:
a specific reason should be included with amendments.
3. Recommend Denial: Motion to recommend denial of Planning Case 19-009 for proposed
amendments to Chapter 13 – Zoning Code, adding a definition for Land Disturbance Activity
and codifying the need for a tree preservation plan prior to clear-cutting a, as presented in the
September 4, 2019 Report to the Planning Commission: findings to deny should specifically
reference the reasons for denial.
4. Table: Motion to table Planning Case 19-009 for proposed amendments to Chapter 13 – Zoning
Code, adding a definition for Land Disturbance Activity and codifying the need for a tree
preservation plan prior to clear-cutting a, as presented in the September 4, 2019 Report to the
Planning Commission: a specific reason and/or information request should be included with a
motion to table.
Notice and Public Comments
Notice was published in the Arden Hills-Shoreview Bulletin on August 21, 2019.
Attachments
A. Ordinance Amendment
Chapter 13 – Zoning Code
Section 1350 – Rules, Scope, Interpretation & Definitions
1305.04 Definitions
• Land Disturbance Activity. Any land change greater than 2,500 square feet or 50
cubic yards on any parcel, or land change on a parcel of land located within a shoreland area
or adjacent to a surface water that may result in soil erosion from wind, water and/or ice and
the movement of sediments into or upon waters or lands of the city, including but not limited
to construction, clear-cutting, clearing and grubbing, grading, excavating, transporting and
filling of land. Land Disturbance Activity does not mean the following:
o Minor land disturbance activities such as home gardens and an individual's
home landscaping, repairs and maintenance work;
o Additions or modifications to existing single-family dwellings or accessory
structures that will result in creating under 2,500 square feet of exposed soil
and/or impervious surface and less than 50 cubic yards;
o Construction, installation and maintenance of electric, telephone, and cable
television utility lines or individual service connection to these utilities, except
where a minimum of 5,000 square feet of land disturbance can be anticipated;
o Tilling, planting or harvesting of agricultural, horticultural, or silvicultural
crops;
o Installation of fence, sign, telephone, and electric poles and other kinds of
posts, bollards or poles; and
o Emergency work to protect life, limb, or property and emergency repairs.
However, if the land disturbing activity would have required an approved
Erosion and Sediment Control Plan except for the emergency, then the land
area disturbed shall be shaped and stabilized in accordance with the
requirement of the PWD when applicable.
Chapter 13 – Zoning Code
Section 1325 – General Regulations
Section 1325.055 – Tree Preservation
Subd. 2 Tree Preservation Plan. It shall be unlawful for any person to engage directly or
indirectly in a land disturbing activity, as defined in this ordinance, unless such person has
applied for and obtained approval of a tree preservation plan. No preliminary plat, building
permit, grading permit, or other City required permit shall be granted unless approval of a tree
preservation plan has been obtained.
Subd. 5 Tree Removal and Preservation.
A. Tree Removal Allowance. Mitigation shall not be required for removing, cutting, or
killing trees when:
1. Fewer than ten (10) percent of the caliper inches of the significant trees on the property
are cut, removed, or killed
2. There is an existing principal use on the property and no construction, grading, or
development is to occur in the location of the removed tree(s) within two years thereafter.
3. The trees to be removed, cut, or killed are identified as diseased or nuisance trees.
B. Reduced Requirements. Mitigation requirements can be reduced as determined by the
City Council when there is a greater public good such as;
1. Allowing for LEED Certified architectural practices;
2. Providing affordable housing;
3. Allowing for a public road or trail; or
4. Providing for a public utility service.
C. Planned Unit Developments. A PUD plan for a new subdivision will be approved only if
it demonstrates that the new subdivision has a reasonable number of lots or units and has lot lines
and building pads that minimize tree loss. Mitigation must be provided for any removal of
significant trees.
D. Diseased and Nuisance Trees. This ordinance shall not apply to diseased and nuisance
trees.
1. Prior to removal, all diseased or nuisance trees must be clearly identified on the site,
and the diseased or nuisance state must be certified by a certified tree inspector,
forester or arborist.
1.2. Prior to grading, all diseased and nuisance trees on the subject property shall be
removed from the property at the time of grading and prior to the commencement of
building construction. Diseased and nuisance trees shall not count toward calculation
of significant tree inventory.
E. Removal of Trees Prior to Application Submittal. A tree that was removed or otherwise
destroyed by unnatural causes within two years before a development application will be
regarded as if it were present at the time of construction or a development application.
Chapter 13 – Zoning Code
Section 1325 – General Regulations
1325.08 Filling and Excavation.
Subd. 1 Permit Required. An administrative permit shall be required for any filling or
excavation of up to four hundred (400) cubic yards per parcel, or four hundred (400) cubic yards
per acre, whichever is greater. Operations of over the above-described amounts shall be
considered land reclamation or mining, and shall require a conditional use permit in accordance
with Chapter 8 of the Arden Hills Code of Ordinances.
Subd. 2 Exceptions. The following operations are excepted from the preceding permit
requirements:
A. Excavation related to the construction of a building with a duly issued building permit;
B. Filling, excavation, and grading associated with site improvements and site preparation
for a duly approved subdivision or site plan;
C. Excavation for construction of public streets and utilities;
D. Filling, excavation, or movement of less than fifty (50) one hundred (100) cubic yards of
earth for landscaping purposes on a lot already occupied by a residential structure;
E. Minor agricultural or conversation conservation operations.
Subd. 4 Performance Time. Filling and excavation operations for which a permit has been
issued shall be completed within a period as specified in the permit, but in no event beyondof
one hundred and twenty (120) days from the commencement of the operation, and within one
year of the issuance of the permit, unless an extension is requested of and granted by the City
Council.
Subd. 5 Periodic Operations. Periodic filling or excavation of amounts less than four
hundred (400) cubic yards per parcel or per acre shall be allowed under separate administrative
permits until the composite total of such periodic operations exceeds four hundred (400) cubic
yards. Further operations will then be subject to the requirements of Chapter 8 of the Arden
Hills Code of Ordinances.
Chapter 7 – Recreation Areas
Section 710 – Trees and Vegetation
710.12.1 Protection of Shade Trees
Subd. 1 Declaration of Policy. The City Council has determined that the health of
oak, elm, and ash trees, hereinafter sometimes collectively referred to as "shade trees," within the
municipal limits are threatened by fatal tree diseases, and insect infestations commonly known as
"Oak Wilt Disease", "Dutch Elm Disease", and "Emerald Ash Borer" respectively, hereinafter
sometimes collectively referred to as "shade tree diseases." It has further determined that the
loss of shade trees growing upon public and private property would substantially depreciate the
value of property within the City and impair the safety, good order, general welfare and
convenience of the public. Accordingly, it is hereby declared to be the intention of the Council
to control and prevent the spread of shade tree diseases and other epidemic diseases, by enacting
this subsection for that purpose.
Subd. 5. Epidemic Disease Program. It is the intention of the City Council to conduct
a program of pest control pursuant to the authority granted by Minnesota statues section 18G.13,
as amended, directed at the control and elimination of Dutch elm disease, Oak wilt disease,
Emerald Ash Borer infestation, and elimination of other tree diseases and insect infestations and
is undertaken at the recommendation of the Minnesota Commissioner of Agriculture.
Subd. 6. Shade Tree Nuisances Declared.
A. The following are hereby declared to be public nuisances whenever and wherever they may
be found within the City:
1. Any elm tree or part thereof infected to any degree with the Dutch elm disease fungus
Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles
Scolytus Multistriatus (Marsham) or Hylurgopinus Rufipes (Eichhoff);
2. Any dead elm tree or part thereof, including stems, branches, stumps, firewood or other
elm material from which the bark has not been removed and burned or sprayed with an
effective elm bark beetle insecticide; and
3. Any northern red oak (Quercus rubra, Quercus ellipsoidalis, and Q. palustris), or part
thereof, infected to any degree with the oakwilt disease, Ceratocystis fagacearum.
4. Any living or standing white oak (Quercus alba), bur oak (Quercus macrocarpa), and
swamp white oak (Quercus bicolor), that poses a threat of transmission of the oak wilt
disease to other trees.
5. Red oak species deemed by the City forester or designated tree inspector to be a
potentially diseased spore producing tree (PSPT) must be removed before March 15th
of the year following complete tree wilt. Any removed red oak tree should be disposed
of at an approved wood utilization site or properly treated, i.e. main stems cut into
firewood length sections, split if appropriate, stacked and covered in clear plastic with
the edges sealed at the ground line to prevent vector entry or escape.
6. Any Ash tree infested with the Emerald Ash Borer beetle, Agrilus Planipennis.
7. Other shade trees with epidemic diseases or epidemic insect infestations.
Chapter 15 - Erosion and Sediment Control
1500.00 Purpose and Scope
1510.01 Definitions
Clear-cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row,
or block.
Clearing and grubbing. The trimming, pruning, cutting and or removal of trees, shrubs,
bushes, windfalls and other vegetation including removal of stumps, roots, and other remains in
the designated areas.
Land Disturbance Activity. Any land change greater than 2,5005,000 square feet or 50 cubic
yards, or land change on a parcel of land located within a shoreland area or adjacent to a surface
water that may result in soil erosion from wind, water and/or ice and the movement of sediments
into or upon waters or lands of the city, including but not limited to construction, clear- cutting,
clearing and grubbing, grading, excavating, transporting and filling of land. Land Disturbance
Activity does not mean the following:
o Minor land disturbance activities such as home gardens and an individual's home
landscaping, repairs and maintenance work affecting less than 2,500 square feet;
o Additions or modifications to existing single-family dwellings or accessory structures
that will result in creating under 2,500 square feet of exposed soil and/or impervious
surface and less than 50 cubic yards in a shoreland area;
o Construction, installation and maintenance of electric, telephone, and cable television
utility lines or individual service connection to these utilities, except where a minimum of
5,000 square feet of land disturbance can be anticipated;
o Tilling, planting or harvesting of agricultural, horticultural, or silvicultural crops;
o Installation of fence, sign, telephone, and electric poles and other kinds of posts, bollards
or poles; and
o Emergency work to protect life, limb, or property and emergency repairs. However, if
the land disturbing activity would have required an approved Erosion and Sediment
Control Plan except for the emergency, then the land area disturbed shall be shaped and
stabilized in accordance with the requirement of the PWD when applicable.