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Home My WebLink AboutPZ 10-04-05 Packet terviife 'Estafiislid 1857 PLANNING AND ZONING COMMISSION MEETING AGENDA TUESDAY, OCTOBER 4,2005 6:30 p.m. I. CALL TO ORDER 1. Roll Call ll. APPEARANCESIPRESENTATION(S) m. PUBLIC HEARING (S) IV. OLD BUSINESS 1. Snowmobile Ordinance #17-A- (Update Sub-Committee) 2. Shoreland Ordinance - DNR Response ll. NEW BUSINESS 1. Sedona Homes - Comprehensive Sign Plan (Centerville Office Park) 2. Consider Additional Regulations of Storage Structures, Storage Tents, PODS, Storage Trailers, etc. m. DISCUSSION ITEMS IV. CONSIDERATION OF MINUTES 1. September 2, 2005 Planning and Zoning Meeting Minutes v. ADJOURNMENT Minnesota Department of Natural Resollrces DNR Waters - Central Region~ 1200 \Varner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 Septenlber 20, 2005 RECEI1!EtJ SEP 2 3 20a~ Dallas Larson, Administrator City of CentervilIe 1880 Main Street Centerville, Minnesota 55038 RE: Shoreland Ordinance~ City of Centerville D.ear Mr. Larson: As \ve discussed recently, I have finished reviewing the draft shoreland ordinance that you sent me earlier this Sumlner. My conlments follo\v and are preceded by the closest.relevant section nun1ber. 1.1 The \vords "Chapter 394 (for counties)" should be omitted. 2.1 You \vilI probably \vant to omit all but the first sentence of this paragraph. 2.7 The follo\\'ing definitions should be included: Accessory structure, C0l11nlercial PUD, Conln1ercial use, Conditional use, Deck, "Duplex, Triplex, Quad", Guest cottage, Height of Building., Lot \vidth, Shore Impact Zone, Steep slope, and Structure. 2.728 "Shoreland" is defined in Minnesota Rules and can't be redefined. Your definition should be revised to include" ...and 300 feet from a river or stream ...". 2.731 and 2.732 se gn1 e n t . . . " . Both of these have typos and should be changed to "...point of a 50-foot 2.733 The reference to "Chapter 394 (for counties) or" can be removed. 4.12 Part C. can be onlitted, since there are no General Development Lakes listed. 4.13 Parts A. through E. can be omitted since these type of rivers do not exist in Centerville. Also~ since Cleaf\vater Creek is not nlapped as a public \vater on the Public Waters Inventory Map for Anoka County, the asterisk information should be omitted and the location of the creek described in the ordinance. DNR Infonnation: 651-296-6157 · I-SX8-646-6367 · TTY: 651-296-5484 · I-SOO-657-3929 ..\n Equal Opponunit) Emplo~ L'r \\"ho Values Diversity #~ Printed on RL'cydcd PapL'r Conlainin~ a '.J ~linimllll1 {)f IOCt Post-Consumer \\'asle Dallas Larson letter Septenlbcr 20, 2005 Page 2 5.1 The opening paragraph references "single~ duplex, triplex, and quad residential lots", but I don't see them referred to any\vhere else in the section. If they're not allo\ved., perhaps this reference should be dropped. 5.12 The statewide standards require 40,000 square feet and 125 feet for lot size and \vidth respectively, for riparian lots on Natural Environment (NE) lakes, and 20,000 and 125 for non- riparian lots on NE lakes. The lot size and \vidth for riparian and non-riparian lots are 20,000 and 75, and 15,000 and 75, respectively for Recreational Development lakes. The City nlay have good reason for the substantially reduced dimensions proposed in your draft, but in order for the Coinmissioner10 revie\v and approve them a request for flexibility [fonl the state\vide standards is required: This request usually takes the form of a letter sent to this office \vith the request for flexibility to the specific standards and any justification available. 5.14 Item B., (1) refers to a 75' setback from the ordinary high \vater level. Since this section appears to be dealing \'lith multi-unit development, this is far short of the 200 feet llsed in the sample ordinance. 5.22 ltem f\., (2) contains a typo in the 2nd to the last sentence. 5.23 A flexibility request is needed for the 35 feet height limit. The state\vide standard is 25 feet in shoreland areas. 5.32 Iten1 D., (5) refers to the United States Soil Conservation Service. That reference should be changed to the U.S.D.A. Natural Resources Conservation Service (NRCS). 5.8 Itenl C. refers to nonconfonning se\vage treatment systenls. There's more language that may be needed depending on ho\v large an issue it is. Does the City have an idea about ho\v n1any on-site systems are left? 6.] + It is noted that the sample language, "If~ in a group of two or more contiguous lots under the same o\vnership, any individual lot does not meet the requiren1ents of Section 5.1 of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be cOlnbined "vith the one or more contiguous lots so they equal one or lTIOre parcels of land, each nleeting the requirements of Section 5.1 of this ordinance as n1uch as possible." This is required language (IvlN Rules, Pat1 6120.3300~ Subp. 2, D.) and should be included unless it can be ShO\V11 that the situation does not exist. Dall as Larson letter September 20, 2005 Page 3 General: 1) If no bluffs exist in the City of Centerville's shoreland district, references to the bluffs and Bluff Impact Zones could be removed. I have not looked into \vhether they exist, but suspect they might not. 2) If Planned Unit Developn1ents are allo\ved in the shoreland district, the language from the sample or SaIne acceptable substitute should be included. 3) The sl!lW~vision platting provision language \vas missing. Please indicate if it is located some\vhere el~e.ih .City code. 4) Controlled access lots \vere not mentioned. If they are not alJo\ved, it should be specified. If they are aIJo\ved, the sanlple language froIn 5.14, B. should be used. Thank you for this chance to revie\v your draft. I look fonvard to discussing it with you and n10ving fonvard \\lith a c0l11pliant, approved shoreland ordinance. Please feel free to contact lne at tonl.hovev(lVdnr.state.mn.lls or 651.772.7923. Sincerely, ~ Tom Hovey Area Hydrologist :... - >~ t ~.~:.:::-1'i:.::' :..7i7 .$i11= .:illDRESS: "70 J.-1 R~l S1G~~ PERvIIT .-\PPL1c..\TIO?~ Ll1 j:- OF L.E2.~'iiLi<'71T:TJl' 70 ~ Iw~ Ie( e." 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PElL\,fiT TO BN"DERT.~'G CO~rsTRL-;"WIQ~ ..-is SPEc~l.W ABOVE .~~"1) AGREES TO CO}.dPl Y ZN ALL RESPECTS wlirl 115 DU1Uk.~ CODE A.\ID ALL crry.o;-CENTi:!.A.l.(.V!U.E ORDlN.~,{CES ,,2m TO ..~SD:ME RESPONSBILlT{ FOR. Uu~~EES: _It.GBlfS .:b.~ ~uB-.C~.c i{j.'RS. _~TI C~.. TO ~z{"l1:~~~Y1N5PEC"r0~: ~ ~. E:~m.cE..~~ ..4.."\ID p~~ iRATIvti OF T?-E Y~~~Li\. ST.A:J:E 3J~l.01N~ CODE IS __~ F..,~u"'C SERVICE --,u.m IS or NECES5...TIY7 illJlllW IN Xi.\.ru1ta C6l\~~EQD~-n. Y, r:~ Bt.iI:'.Dll-IG ?E~~ .A}m ?~ STJBSEQ~;;B{JILD~IG ~iS?ZCTIm.-S ARE :NOT 'TO BE CONSlRL"ED To BE REUE1) L~"1.~~ ~db~",:1'E OF W~4..RR..~'f!rw~ Gt:~'%t~p;. OR RE?RP~""TA:1.x~ Q~ 1 ~~ ?_~-zr OF T?F aTY'.i..~~ . lcl:. pr.:_A~'iS,. ~~1.:"t,~!~~ OR ~ ~~~ ~ : } PRODU~ "'~ l'-;~~3lL -: 3~ COi'\?~yf.:!~-c:E ~ :J.zi lrii=. ?RO':t'lS:-Qi-S OF TEE ~~~r.~ ST.-\.~ 3'Gll.DliiG COD~ O~.. O1.r"R ~P.:.l-cAB!i: CO:t'~S iRUCr:Cl}I STi\.'ID.A..t(DS. FCR~.::ER TEE GTT ..;.5SVlYiES NO RE~~JN,'r,ji.H~.!. '1." 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E ~~~Jll :=I: ~~~ = 0 t: C) C ~ ~ ~ 3 rt ~ 0 :I 0 c: Q~~ rt ::r ~ l\) tn ~ ~SS:~ ~~~ ~ :!.. ~ ~ :I ~ So\) So\) 3 ~ ~ $:)... - ~ ~ U\ ~ ::b ::s ~ ::s- :i"' G\ .rt ~ (i" ~ o :s ~ ~ ~ U\ ~ \:S ti <: Si: ~ ~ ~ o ~ ::::r- ' ~ '"T U\ l'\) ~ z rn , CJ) "'l1 o 1'\l (j\ ~ (") !'T1 "'l1 o 7\l , !it >- en !'T1 ~ ~ ~ ~ ~ Ql;ila- s:mz n~g ~ a.~ <",0 _>c ~\Jl~ ~ht~ m ~ ::t ~ ~ ~ ~ ~ -n ~ o Z /G m -\ r rtt U) z 'll >- 0 ~ 7\1 :t:t: m u\ ~ ~ I ~ ~ ~ > o z ~ -\ 6ft; r18 II ~~~o >~r:Q Z = ~ ~ G)O>' .~S7\1m 'OlOOJ(J) .-mOO m7\lZm (")Ul~O O>m, ~70""Tt~ -n>:Z: ~on-\ >]Gmm (")70mo ~m m -n~ G) 00 Z /G~ (") >> > (")0) OJ ~r Z ,rn m fid -; z\l cn3! m(") ~m CJ) .gc1 d\1 o~ oz /\1m 01' + c1 ~UJ >fTl 7\10 c.n- a~ c:~ ~~ E~ ~z rr1 o Effective 05-01-01 City of Centerville Ordinance #39 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE # 39 An ordinance regulating signs in the City of Centerville, Minnesota and providing for the administration and enforcement of such regulations. The City Council of the City of Centerville ordains as follows: DIVISION 10: General Provisions Section 010-010: Title. This ordinance shall be known as Ordinance #39, City of Centerville Signage Ordinance except as herein referred to as "this Ordinance". Section 01 0-020: Purpose and Intent. It is the purpose of this Ordinance to: · Establish a set of standards for the fabrication, erection, use and maintenance for signs, symbols, markings, advertising devices or other items that serve as visual communication media. · Allow creativity in sign design while at the same time ensuring that the public is not endangered, annoyed, distracted or displeased by unsafe, disorderly, ..indiscriminate and unnecessary use of visual communication ,media. · Administration"~'ndprocedures for requiring permits, paymef.1ts of fees and provid,ing for penalties for .non-complianc~. ~ . Section 010-030: Repeal .of Conflicting Ordi.nances.' 'Those parts of Ordinance #4 (Zoning Ordinance) or any parts of other Ordinances inconsistent herewith are hereby repealed. In aU other respects said Ordinance #4 (Zoning Ordinance) and other Ordinances shall remain in full force and effect. Section 010-040: Definitions. Advertising Sign - An "Advertising Sign" is a sign, which directs attention to a business commodity, service or entertainment not exclusively, related to the premises where such a sign is located or to which it is affixed. Area Identification Sign - A freestanding sign that identifies the name of a residential subdivision, commercial or industrial development. Billboard - A sign erected for the purpose of advertising a product, event, person or subject not entirely related to the premises on which the sign is located. Page 1 of 11 Effective 05-01-01 City of Centervil1e Ordinance #39 Business Frontage - The linear frontage of that portion of a building facing the right-of-way and occupied by one separate business. Business Sign - A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. Canopy - A permanent roof structure attached to and supported by the building. Changeable Copy Sign - Any sign that is characterized by changeable copy, letters or symbols, regardless of method of attachment. .Directional S.ign - An on-premi~es sign designed to guide or direct pedestrian or' vehicular traffic. Flags - Devices generally made of flexible materials, such as cloth, paper of plastic, and displayed on poles, strings or wires, but excluding the flag of any country or state. Flashing Sign - An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. Freestanding Sign - Any sign supported by structures or supports that are permanently anchored in the ground and that are independent from any building or structure~ . H~storic;alldentificati~n Symbols - Those symbols which have historically been id~ntified with the service the establishment provides, are common to similar . .enterprises in' all other localities and are not ~ _particular trad~mark or business . identification. - Illuminated Sign - A sign that has an artificial light source directed .upon it or which has an interior light source. Major Anchor - A single tenant in a shopping center that is at least 200/0 of the total square footage and in excess of 50,000 square feet. Motion Sign - A sign that revolves, rotates or moves. Political Sign - Any sign which states the name or picture of an individual seeking election or appointment to a public office, or pertaining to a forthcoming public election or referendum, or pertaining to or advocating political views or policies erected on private property, which is erected by a bona fide candidate for political office or by a person or group supporting such a candidate and which contains the name of the person or group supporting such a candidate and which contains the name of the person or group chairman responsible for the erection and removal of the sign. Page 2 of11 Effective 05-01-01 City of Centerville Ordinance #39 Portable Sign - Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T -frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day-to-day operations of the business. Setback - The minimum horizontal distance between a lot line and a building line or use. Sign - The term "Sign" shall mean a name, identification, description, display, '. illustration structure or device which is a~ixed to, or painted on, or'.represente~ directly or indirectly upon a building or other outdoor surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. Sign Area - The entire area within a continuous perimeter enclosing a sign, exclusive of sign embellishments, which may extend beyond said perimeter as. regulated herein; such perimeter shall not include any structural elements lying outside of said sign and is not an integral part of the display. Double-faced signs are permitted with the maximum square footage allowed on each face as that allowed for a single face sign; multi-faced sign areas may not exceed the area permitted for a single faced sign. Sign Height - Height shall be measured from grade to the uppermost points or level of sign surface. . . Temporary Sign - A sign that is not permanently affixed. All devices' such as . .banners.,. pennants, flags (not intended to include flags of any nations) '~.:- searchligbt6P,-twirling or sandwich type signs, sidewalk or curb signs and balloons. . or other air or gas filled figures. Wall Advertising Sign - An advertising sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. Window Sign - A sign affixed to or inside a window in view of the general public, but excluding merchandise on display. DIVISION 15: General Reaulations A. Signs are prohibited within the public right-ot-way or easements except that the City Council may grant a Special Use Permit to locate signs and decorations on or within the right-of-way for a specified period ot time. Page 3 of 11 Effective 05-01-01 City of Centerville Ordinance #39 B. Flashing signs, motion signs or similar devices shall be prohibited in all districts except commercial district signs that meet the criteria detailed in the commercial district standards. Approved traffic signs are exempt from this provision. c. Unless specifically allowed in this Ordinance, interior illuminated signs are permitted in all districts except Residential. All illuminated signs shall have a shielded light source. D. Business signs shall not be painted, attached, or in any m~nner affixed to trees, rocks or similar natural surfaces. .....-..- No signs of any type shall be painted directly on to th\e roof or the sides of a building. ... E. Signs that interfere with the ability of vehicle operators or pedestrians to see traffic signal~, or which impede the vision of traffic by vehicle operators or pedestrians are prohibited. F. Signs shall not project above the roofline of any structure without the issuance of a Special Use Permit. G. No sign shall physically obstruct any window, fire escape or opening intended to provide entry or exit to any structure or building or'public way. H. All signs and sign structures shall be properly maintained in a safe, orderly condition at all times, including the replacement. of defective parts, cleaning and other items required for the maintenance of the sign. Vegetation within ten feet in any direction of the base of ground signs shall be ' neatly trimmed and free of weeds, and no' rubbish' or debris that would constitute a fire or health hazard shall be permitted under or near the sign. I. No signs may be placed on utility poles in the community. J. There may be no more than one identical sign per lot in a residentially zoned area. K. The changing of the advertising message of a painted or printed sign, or changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in compliance with this Ordinance and any other applicable laws. L. No sign may by reason of its location, color or intensity, create a hazard to the safe and efficient movement of Page 4 of 11 Effective 05-01-01 City of Centerville Ordinance #39 vehicles or pedestrian traffic. No private sign may contain words that might be construed as traffic controls, such as "Stop", "Caution", 'Warning", or otherwise resemble any official marker erected by a governmental body or agency, unless such sign is a directional sign. DIVISION 20: Permitted sians with no permit reQuired Section 020-010: Political Signs. Political signs posted by bona fide candidates for political office or by a person or group promoting a political issue for a candidate may be placed in any district subject to the requirements of the district. Campaign signs may be posted for a period not to exceed sixty (60) days and shall be removed within seven (7) days following the date of the election. Only one sign '(1) per .candidate will be allowed per lot. " Section 020-020: Temporary Signs. . A. Temporary banners and pennantS sha'lJ be displayed for no more than fourteen (14) d~ys. A maximum of six (6) occurrences per year are allowed. Banners or pennants determined to be an integral p~rt of the design or architecture of a building are permitted. B. One temporary identification sign, setting forth the name of the project, architect, engineers, contractors, planners and financing agencies, may be installed at a construction site in any district for the period of construction. The sign area of a temporary identification sign shall not exceed thirty-five (35) square feet. . C~ . tn --any district,:on~ (1) temporary real estate sign maybe erected for the';-p'ur'pose of advertising the lease, or sale of property upon wh-ich it is placed. Only -one (1) such sign shall be permitted per street frontage. Such sign(s) shatt"b'e removed within seven (7) days following the lease or sale of the property. The maximum size of such signs for each district is as follows: Residential Districts - Ten (10) square feet Commercial Districts - Thirty-two (32) square feet Industrial Districts - Thirty-two (32) square feet Mixed-Use Districts - Sixteen (16) square feet Agricultural/Rural Residential - Thirty-two (32) square feet In any district, one (1) temporary "help wanted" or "now hiring" sign may be erected for the purpose of advertising employment positions. Only one (1) such sign shall be permitted per street frontage. Such sign Page 5 of 11 Effective 05-01-01 City of Centerville Ordinance #39 shall be removed upon filling the employment position. The maximum size of such signs for each districts are as follows: D. Commercial District - Thirty-two (32) square feet Industrial District - Thirty-two (32) square feet Mixed-Use District - Sixteen (16) square feet Agricultural/Rural Residential - Thirty-two (32) square feet E. Signs pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided permission of the Council must be obtained to erect such signs upon or over public property and provided further that such signs shall not be erected or posted for a period of more than' fourteen (14) days prior to the date of the event and must be removed within three (3) days after the event. Section 020-030: Directional Signs. Directional signs having a surface area not greater than five (5) square feet. Section 020-040: Memorial Signs. Memorial signs or tablets, or names of buildings and date of erection when cut into a masonry surface of constructed of metal, wood or stone' and attached to the building not exceeding a sign surface area of four (4) square feet. Section 020-050: Freestanding Signs. Freestanding signs for garage sales or similar events occurring within the corporate limits of the City, not exceeding four (4) square f~et in sign surface area, erected on private property with permission of the lanc,lqwner, and displayed for not more than three (3) consecutive days. SeCtion 020-060: Window Signs. . Temporary or permanent window signs duly authorized by zoning and other laws of this City, provided that all such signs on a frontage shall not have a total sign surface area greater than 500/0 of the glass area, excluding doors, on such frontage and provided that a minimum of one-half of the open window space must be below a horizontal line which is five (5) feet above the interior floor of the commercial establishment. Merchandise displays in windows shall not be considered a part of the sign area if such display is not to be continued for a period of more than eight (8) weeks. DIVISION 25: Portable Signs Portable signs are prohibited in residential districts. Portable signs in all other districts are allowed with permit as specifically authorized below. Portable signs used for the purpose of directing the public will be permitted subject to the following conditions: A. Said sign is coincidental to or used in conjunction with a public function; and Page 6 of 11 Effective 05-01-01 City of Centerville Ordinance #39 B. Said sign is used for a special business promotion or event; and c. The period of use for such a sign shall not exceed fourteen (14) consecutive days; and D. No business may have more than six (6) special promotions or events per year; and E. Portable signs may not exceed eighty (80) square feet. DIVISION 30: District Regulations Se'ction 030 - 010: Residential/Public Districts (R1 ,R2, R2A, R4, R5, "P1) Permitted Signs A. Residential Identifications - Not more than two (2) square feet per nameplate or six (6) square feet in area for each multiple-family building. B. Institutional Identifications - Churches, schools, parks etc. allowed up to thirty-two (32) square feet; not taller than eight (8) feet. C. Business Signs - Home-based businesses may have a sign that is no larger than four (4) square feet. The sign may not be an interior-illuminated sign. Section 030 - 020: Commercial District (B1) . Permitted Signs - A.' Wall Signs.. Wall signs are permitted on each .public street exposure or public parking exposure provided said signage does not exceed ten percent (100/0) of said wall area. B. Free Standing Signs - One (1) free standing sign per business or business complex provided, however, said sign does not exceed two hundred (200) square feet in area and thirty-five (35) feet in height. C. Area Identification Signs - One (1) area identification sign is permitted per street frontage, however said sign does not exceed sixty four (64) square teet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-at-way. Section 030-030: Industrial District (11) Page 7 of 11 Effective 05-01-01 City of Centerville Ordinance #39 Permitted Signs A. Wall Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (1 OOJb) of said wall area. B. Free Standing Signs - One (1) free standing sign per street frontage provided, however, said sign does not exceed two hundred (200) square feet in area and thirty-five (35) feet in height. c. Area Identification Signs - One (1) area identification sign is permitted per street frontage, however said sign does not exceed sixty four (64) square feet in area and twenty (20) feet in height~ and is not placed within ten (10) feet of any ~ street right-of-way. Section 030-040: Mixed-Use District (M1) Permitted Signs A. Wall Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage .does not exceed ten percent (100/0) of said wall area. B. Canopy Signs - Signs on these structures are allowed as long .as the sign area does not exceed ten percent (10%) of said wall area. c. Ground Signs - One (1) ground sign is permitted per street frontage; however, said sign does not exceed eight (8) feet in height and thirty-two (32) feet in area. DIVISION 35: Comprehensive Sian Plan Reauired A comprehensive sign plan is required at the time of Planning and Zoning Commission review of any proposed new commercial or industrial development. Said plan shall indicate the location, size, height, color, lighting and orientation of all proposed signs and shall be submitted for approval pursuant to the regulations of the City of Centerville. Building permits and inspections are necessary as required by building and electrical code. Fees for required permits or hearings shall be set by approved annual resolution of the City Council. Section 035-010: Application for Permit. Every application for a sign permit must be accompanied by a plan drawn to scale and including the following: A. The dimensions of the sign and where applicable the dimensions of the wall surface of the building to which it is to be attached. Page 80fl1 Effective 05-01-01 City of Centerville Ordinance #39 B. The maximum and minimum height of the sign. c. The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. D. The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. E. If the sign is to be illuminated, the technical means by which this is to be accomplished and the hours of illumination. F. Where the sign is to be attached to any existing building, a diagram or photograph of the fa.ce of the building to which'" the sign is to be attached. G. The name and address of the owner of the sign and - the address of the property where the sign is located. H. Where a ground level sign is proposed with berming, a diagram showing grade level and dimensions of the berm. I. When a multi-tenant comprehensive sign plan is submitted, the plan must include the location, size, height, color lighting and orientation of all signs. J. Where a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from the established grade, size, color, lighting and hours of illumination. DIVISION 40: Adiustments and Appeals The commission of adjustments and appeals will be comprised by all members of the Planning and Zoning Committee. The Planning and Zoning Committee will hear and make recommendations to the City Council regarding: A. Appeals where it is alleged 'that there is an error in any order, requirement, decision or determination made by an administrative officer in the City in the enforcement of this Ordinance. B. Petitions for variances from the literal provIsions of this Ordinance in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. Criteria for granting a variance will be the same as the criteria for granting a variance in the City's zoning ordinance. 'Page 90fl1 Effective 05-01-01 City of Centerville Ordinance #39 DIVISION 45: Non-Conformina Sians Section 045-010: Legal, Conforming. All signs existing as of the adoption date of this ordinance conforming to the requirements of this ordinance and not requiring a permit under the provisions of this ordinance, may be maintained so long as the sign continues to comply with the provisions of this ordinance, as it may from time to time be amended. Section 045-020: Legal, Non-Conforming, Signs. All signs existing as of the adoption date of this ordinance which would be prohibited by ordinance or which would require a permit under this ordinance but have not received a permit, will be deemed to be legal non-conforming signs. Legal non-conforming signs may contin'ue to exist without a "permit and without cO'nstituting a violation of this ordinance until one or more of the following occurs: ~ A. T,he sign is structurally altered (except for normal maintenance) in a way that makes the sign less in compliance with this ordinance than it was before the alteration. B. The sign is relocated to a position making it less in compliance with this ordinance than it was before the relocation. c. . The sign is replaced. D. Any new primary sign is erected or placed in connection with the enterprise using the legal non-conforming sign. :' DIVISION 50: Enforcement If a sign i~ in violation of this ordinance, or is in danger of falling, or is otherwise a menace to the safety of persons or property, the Building Official may give to the owner of the property on which the sign is located, written notice specifying the violation, ordering the cessation of the violation and requiring either the removal of the sign or remedial work in the time and manner specified in the notice. In the event of failure to comply with the notice within thirty (30) days, the Building Official may remove the sign or cause such remedial work to be done. The cost of the work performed by the City, must be paid to the City by the owner of the property on which the sign is located. If payment is not made within thirty (30) days after a statement of costs is sent to the owner, the costs may be assessed against the property by certifying the costs to the County. If a sign that has been removed is not reclaimed and costs paid within thirty (30) days after its removal, the sign may be sold or otherwise disposed of by the City. If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and reasons for the removal will be given to the owner of the property on which the sign is located as soon as possible. Page 10 of 11 Effective 05-01-01 City ofCenterville Ordinance #39 DIVISION 55: EFFECTIVE DATE This ordinance shall take effect the day following the second publication in the city's official newspaper. (Sionature on File) Tim Swedberg, Mayor Attest: (Sionature on File) Jim March, City Administrator Adopted: April 11 , 2001 Published in the Quad Community Press on May 1 , 2001 Page 11 of 11 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION SEPTEMBER 6, 2005 Pursuant to due call and notice thereot: the Planning and Zoning Commission held their regularly scheduled meeting on September 6, 2005, at 6:30 p. m. PRESENT: Brian Hanson Jennefer Klennert Hunt Jeff Hanzal Bob Wright Mark Pangell N D. Love . . :~ ABSENT: Tom Wood COUNCIL: None. STAFF: Mr. Larson I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:30 p.m. II. APPEARANCES None. ID. PUBLIC HEARING(S) 1. Snowmobile Ordinance #17-A Chair Hanson read a brief memo on the snowmobile ordinance. Chair Hanson opened the public hearing at 6:37 p.m. Norma Essex, 7333 Old Mill Road, indicated that she has had it with snowmobilers and their trespassing. She then said that she thinks there is a lack of respect and this is no longer a rural community. She further commented that, if the City does not ban them, she would ask for a rule that they be allowed no closer than 30 feet of homes because that would eliminate them from the creek in back of her home. Page 1 of 10 Planning & Zoning Commission Meeting Minutes September 6, 2005 Loren Abrahamson, 1868 Revoir Street, said he thinks people move here for a piece of the country but they are still within commuting distance to work. He then said that he is a snowmobiler and loading them onto a trailer and unloading that is a hassle to move them four blocks to get to the trail system. He further commented that the City does not get rid of cars for speeders and does not get rid of bars for drunk drivers and asked the City to continue to allow them the ability to ride to the trail. Tedd Peterson, 6933 Pheasant Lane, indicated he has a problem with snowmobiles in a sense but his concern is with riding through the parks but the Ordinance covers that so he thinks it is self control and self policing and does not think the City should ban them. He then said that he feels the issue is from young riders and getting them to obey the rules. Mr. Peterson indicated he has talked to officers about the parks and snowmobiles in them. . He then said that the City would need to work on enforcement but h~ does not want.. to see them banned. Commissioner Pangell asked if it is certain parks or all of the parks. Mr. Peterson indicated that Acorn Creek and LaMotte Parks are the ones most affected. Mike Scweitzer of 1822 73rd Street indicated they moved here to be in the country and it is nice to pull the kids behind the snowmobile on a sled down to the lake. He then said that he feels there are a couple of "bad eggs" that are ruining it for everyone but most residents can police themselves. Brian Clancy of 1882 Center Street indicated they moved here 10 years ago and Rice Creek has a great trail system and he thinks being able to access the trails by using the streets is very nice for riders. He then said that no one should have property damage from snowmobilers or anyone else. He further suggested that the Ordinance addresses these issues and there seems to be an issue with enforcement. Mr. Clancy said he does not think the City needs to ban snowmobiles altogether because residents would lose the access to trails and a reason that makes it nice to live in Centerville. Mr. Clancy said that stated the Rice Creek map shows where the trails end and that is on Centerville Lake. He then suggested designating streets that you can ride on to keep them out of yards. Bob Tschida of 7329 Brian Drive indicated that anyone under 17 is required to be licensed to ride a snowmobile and that may make a difference. Mr. Tschida suggested notifying residents that you cannot use yards to get to the trails. He then suggested educating them rather than banning them. Page 2 of6 Plamring & Zoning Commission Meeting Minutes September 6, 2005 Tom Wilharber of 6849 Centerville Road indicated that 40 years ago his family bought 93 acres out here and they had to put up with snowmobilers cutting fencing and letting out the horses but now the City is developing and the houses are closer together and it is not the outdoor area it used to be. Mr. Wilharber indicated that St. Genevieve's Church used to allow people to come off of the Lake and on church property and then onto Sorrel to get to different areas of the City but, in light of the new parish center being built, the Church intends to totally disallow snowmobiling and will put up no trespassing signs to protect the trees and shrubs it is required to plant with the new addition. Ms. Essex indicated that the problem is you cannot catch those that violate the Ordinance because the license plates are too small and they are gone fast. She then said she called the policemen about the damage done to her dn_ay and the policeman that came out asked how he was supposed to know that she did not do it herself. Mr. Abrahamson said that if you ban the snowmobilers that does not make them go away and they will still be making their way out to the lake and officers are still not going to catch them. Chair Hanson indicated that there were ways to impose a ban if the City chooses to ban snowmobiles. Mr. Peterson commented that if the police are willing to do a sting to enforce a ban then why not a sting to enforce the Ordinance during the first snowfall. Chair Hanson indicated he is not happy with the trespassing that has been happening in his yard and neighborhood. He then said that he is concerned about letting his kids play in his own yard because the snowmobilers come up into his yard. Mr. Wilharber asked what Lino Lakes and Hugo have done in regards to snowmobile Ordinances. Chair Hanson indicated that Hugo allows them if they are trailered to the trail system but they are not allowed on streets and St~was unable to determine what Lino Lakes does. Steve Dorn, 1836 Revoir Street, indicated he has lived in the community for 13 years and can count on his hands how many times he could actually ride around the City because there has not been much snow. Chair Hanson indicated he put up signs and a snow fence with steel stakes and they ran over them and snapped off the steel posts. He then said that he fears to allow his kids to play outside because they come into his yard and his kids could get hit or killed. Chair Hanson said the City is growing and the density is higher and the City needs to look at safety. He then said that he does not want to wait until a kid gets hit or killed Page 3 of6 Planning & Zoning Commission Meeting Minutes September 6, 2005 before banning them. He further commented that five years ago the City banned frrearms in the City and there was an argument that residents have a right but the ban was in the best interest of the entire City. John Cashman, 7 I 41 Brian Way, asked if there is room for compromise and suggested having one route for all snowmobilers marked like the trail to move them from their homes to the trail. He then said that he feels this is biased against snowmobilers. Commissioner Klennert Hunt said that she feels like the impression going out is very negative but Chair Hanson is one vote from one person. She then said that she does not ride snowmobiles and has never had an issue with them in her yard. She further commented that she is looking for opinions and ideas to help her come to a determination as to what would be in the best interest of the City. .... Cqrnmissioner Klennert Hunt indicated that she would like to see what the City could do to police the "snowmobiles and still alloV\! them but ensure that the riders are not infringing on someone else's rights and proper.tY. Commissioner Love indicated he agreed and said that he is in the insurance business and sees accidents everyday where kids get hit by cars but that and the snowmobiles is an' enforcement issue. Bob Tschida indicated he would recommend banning studs as they ruin pavement and concrete on sidewalks, paths, and driveways. Ms. Essex indicated she did not understand how it would work to "allow only on certain streets to get to the trail because they all still have to get from their house to that designated street. She then said that she feels the police should have a snowmobile to get out on the lake and check them out. Chief Makela indicated that snowmobiles are regulated by the Department of Natural Resources and their files are very incomplete and that makes any investigation difficult when a license plate comes back not on file or does not match. Mr. Peterson said that an outright ban makes everyone a criminal and that is not the answer. Chair Hanson suggested trailering to the lake to drop into the trail system. Commissioner Wright commented that if everyone were as conscientious as those in attendance at this meeting the Commission would not be discussing this. He then said that once Main Street is reconstructed, there will be no snowmobiles allowed on Main Street so that puts them on Center Street or 73rd Street to get to the bars. Sue Plombon, 1753 Center Street, indicated that they have been here for 18 years and have been enjoying snowmobiling as a family and they ride to go out to dinner. She then Page 4 of6 Planning & Zoning Commission Meeting Minutes September 6, 2005 said that her son is 14 and has attended snowmobile safety. She further commented that now that kids are required to be trained, things should improve. Ms. Plombon indicated that Center Street has now been widened and they have more issues with cars than snowmobiles. She then said that she is afraid for her kids to go outside because of the cars not snowmobilers. Ms. Plombon commented that she was not aware of this meeting and only knew to attend because Mr. Peterson stopped by and informed them. Chair Hanson indicated it was in the paper and on the reader board and it is too costly to send a mailing to everyone. Mr. Tschida indicated that the information should have been on the board other than just for today and then noted that most residents do not go by that board. Ms. Essex indicated she does not have cable but does get the Quad and it is in the Quad. Mr. Abrahamson suggested forining 'an Ad Hoc Committee with some of the snowmobilers and some Commission Members to look at this matter and make recommendations for the Commission to consider. Commissioner Hanzal suggested a Centerville Committee or Association of snowmobilers. Ms. Essex said she knows the City cannot control the creek but they get a lot of traffic on the creek and their house is 15 feet from the creek and they cannot even hear their TV. She then said that an Ordinance requiring them to stay at least 30 feet from a home would alleviate that issue. City Administrator Larson indicated he would look into whether the City could regulate traffic on the creek. Robert Thompson, 7283 Old.MiII Road, said he feels the City needs to give this another winter at least to see if the more and better education for riders will make things better. John Fischbach, 1684 Lakeland Circle, indicated that snowmobiling is not an issue in his neighborhood so he thinks the major issue in the City is all the little kids that parents tell to ride around in the streets because they do not want them to go all the way to the lake. He then said that the road is intended to ride to the lake. He further commented that there is only one very small spot on 14 where you can ride. Mr. Fischbach indicated that he is part of the EDC and he did not know this meeting was taking place. Page 5 of6 Planning & Zoning Commission Meeting Minutes September 6, 2005 Mr. Fischbach indicated that he thinks very few people know that the only reason to ride on the street is to get to the trail on the lake. He then suggested that rather than banning them just restrict where they are allowed and tell them that they may only ride in the streets to get to the lake. He further suggested that the City needs to saturate the area and enforce the rules and word will travel and that will help. Mr. Fischbach indicated that those that ride snowmobiles can identify others who ride and they could assist the police with identifying the troublemakers. Ms. Essex said that the City needs to start with its own Staff and police department because neither seemed to know the Ordinances when she had her issue. Chief Makela asked to have a call if anyone gets that type of response from any officer. He then said that this is a complicated issue because once public works clears the road they begin to go up where there i~ snow and that--is illegal but enforcement is an. issue. because once a trail is made the next snowmobiler follows it. Chief Makela indicated a. local officer was killed tonight and that is why he is in and out of the meeting and apologized for not being able to devote his entire attention to the matter. He then said that the police department does feel this issue is important. Chief Makela gave information on statistics since November 23, 2003 and indicated they had 23 complaints. He then said that the speed limit on City streets is 10 mph but most riders do not know this. Commissioner Love asked how may citations were written. Chief Makela indicated he did ,not have that information but said he could obtain it for the Commission. One resident asked about making a citizen's arrest. Chief Makela said there is a lot of power for citizen's arrests in this state but said he does not recommend physically restraining anyone. He then asked that residents contact the police department for assistance. Chief Makela suggested a snowmobile association. Mr. Peterson indicated that a lot of people come out of the County Park through LaMotte Park to the church property and that would be a great place to sit to get them on the way to the bars. Mr. Tschida suggested a trail on the south side and figure out access for a trail on the north to get them through town that is fenced off to keep them out of the park. Page 6 of6 Planning & Zoning Commission Meeting Minutes September 6, 2005 Commissioner Klennert Hunt said it sounds like signage is an issue, the City needs to work with the trail system, and work with the Quad or Hugonian to get educational information out to residents. Commissioner Pangell suggested that if there are chronic places where there are violations then the police could sit there on occasion and write out tickets. Mr. Peterson agreed that studs should be banned to protect roads, trails, driveways and sidewalks and then said he feels there should be designated areas for them to travel. Mr. Wilharber indicated that you can put up signs but once someone crosses your property then it is hard to stop the rest of them. He then said that they will be notifying the rrail Association that the right of way allowed from Centerville Lake to Sorel will be eliminated. Chief Makela indicated he uncJerstood the frustration but said it is difficult unless the officer sees the violations. Mr. Fischbach indicated that the majority of snowmobilers are families with kids so the majority would stop if they saw lights going. He further said that it is only a few that wreck things for others. Chair Hanson commented that if they give residents another chance then he wants residents to step up and do something about this like form a group and educate riders and enforce the rules. Commissioner Klennert Hunt indicated that was not what she was hearing. She then said that the impression she got was that the City needs to do a better job of educating residents on the snowmobile Ordinance and the rules out here because if you do that the word will travel. She then said that Staff and the police department need to work together to outline the areas where they would be allowed and informing them to stay out of the other areas. Mr. Fischbach indicated he used to live on Brian Drive on the curve and people used to go across his yard all the time but he does not see that as much now so he thinks there has been a huge improvement in the City over the last few years but there are a few select areas and a few people doing it. Mr. Wilharber suggested using quarterly sewer and water bill to put out information to the residents on snowmobiling rules and regulations. He also suggested putting fine information in there to inform parents and get their attention. Commissioner Hanzal commented that the City needs to do more education and come up with a strategy of policing, have maps of the City and better communication with the public on meetings and signage. He then said that those few residents with complaints still have a voice and the City may need to do strategic enforcement in those areas. Page 7 of6 Planning & Zoning Commission Meeting Minutes September 6, 2005 Mr. Fischbach commented that there are people that do not like motorized vehicles of any type; be it snowmobiles, ATV's, scooters or motorcycles and they will try to do what they can to get rid of them. City Administrator Larson indicated the Ordinance does not prevent riding in the street and does not state that you must drive directly to and from the Lake. There are also no spacing requirements for staying away from homes except during certain hours of the day such as after 10:00 p.m. Mr. Fischbach indicated that the City needs to change the Ordinance to allow riding on the streets only to and from the trail. Ms. Essex said she thinks it is unrealistic to think that someone will drive 10 mph on the way to the trail. Chief Makela indicated he would like to. see designated routes to enforce and he would want to avoid Main Street. Chair Hanson said that some of these ideas make sense and, rather than an outright baD, he likes the idea of removing studs and designating a trail through town. City Administrator Larson suggested forming a subcommittee and asked for those in attendance to consider volunteering. Mr. Tschida, Mr. Abrahamson, Mr. Dom, Mr. Scweitzer, Mr. Thompson and Mr. Fischbach all volunteered to serve on the committee to work on a snowmobile recommendation. Chair Hanson asked Staff to provide a copy of the Ordinance to them for review. Chair Hanson asked if there is a place in Centerville that residents can use a trailer to get to the lake. Residents indicated that the boat launches or Waterworks would work because there is an issue once the snow leaves the streets and that seems to be when they go into the yards. Commissioner Wright indicated you cannot have too many signs and it may be a good idea to keep residents and others traveling through the City informed. Mr. Fischbach indicated that having a map of town that lists where riding is allowed at the end of the trail at the lake would help a lot. Commissioner Hanzal asked that anyone else that IS interested m servIng on the subcommittee to contact City Hall. Page 8 of6 Planning & Zoning Commission Meeting Minutes September 6, 2005 Ms. Essex asked what she is supposed to do if she calls and the dispatcher says that since the snowmobiler is no longer in her yard there is nothing that can be done. Chief Makela said that she and other residents are to tell the dispatchers that the resident wants a call or a squad to come to their home to discuss the matter. If that does not work a call directly to him would be appreciated. The Commission asked the subcommittee to meet and be ready to discuss some recommendations at the October Planning Commission meeting which is the first Tuesday of October. Motion by Commissioner Hanzal.. seconded by Commissioner Love to close the public hearin!!. AU in favor. Motion carried unanimously. Chair H!lnsQn cl9sed the public hearing at 8:50 p.m. . - Motion bv Chair Hanson.. seconded bv Commissioner Love to. table the Snowmobile Ordinance to the October Meetin2. All in favor. Motion carried unanimouslv. Motion by Commissioner Klennert Hunt.. seconded bv Commissioner Pan2ell to aopoint Commissioner Wri~ht to work with the Snowmoblle Committee. AU in favor. Motion carried unanimouslv. IV. OLD BUSINESS 1. Draft City Code - Zoning Ordinances/Continue Draft City Code/Ordinance Review City Administrator Larson indicated that the City needs to wrap up review of the codification at the Council level and get things finalized. He then reviewed the Codification with the Commission and explained where the old ordinances where placed into the new codification and which Chapter it has been added into. v. NEW BUSINESS None. VI. DISCUSSION ITEMS Chair Hanson asked whether Staff had looked into development of a policy on establishing TIF districts within the City. City Administrator Larson indicated that he would continue looking into the policy and provide information at the next meeting. Page 9 of6 Planning & Zoning Commission Meeting Minutes September 6, 2005 Commissioner Love asked if there were a reason why the docks issue was not put on the Commission Agenda. City Administrator Larson indicated it was an issue of liability for Council to consider as there was a lawsuit in another City involving a child who dove off of a dock so the League of Minnesota Cities sent notice to the City informing them of the issue. Commissiop.er Love asked whether that would apply to a bridge. City Administrator Larson indicated that a bridge may be different and may be able to be allowed with specific code requirements for a railing. He then noted that Council would be discussing the matter at its upcoming meeting. Vll. CONSIDERATION OF MINUTES . 1. August 2. 2005 Planning and Zoning Meeting Minutes Motion bv Commissioner Klennert Bunt. seconded bv. Commissioner Banzai. to aoorove the Minutes of AU2ust 241 200541 as oresented. All in favor. Motion carried unanimouslv. VIII. ADJOURNMENT Motion bv Commissioner Pan2eU41 seconded bv Commissioner BanzaI to Adiourn the Seotember 641 2005 Plannin2 Commission Meetin2. at 9:35 o.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of6