HomeMy WebLinkAbout2023-11-15 Agenda Packet
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
Nov ember 15, 2023
PLA N N IN G C O MMISSIO N T EN TAT IVE A G EN D A
7:00 P M
1.Call to Order
2.Approve Agenda
3.Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A.Approve the 2024 Planning Commission Regular Meeting Schedule
B.Approve Minutes of October 18, 2023 Regular Meeting
4.Public Hearings
A.Ordinance Amending Planned Development No. 703 - PC23-26-O
C onsider ordinance amending Planned Development No. 703 to fix
clerical errors, dated citations, formatting and remove sand and gravel
operations.
5.Land Use / Action Items
A.Wings Credit Union Sign Height and Area Variances
PET IT IO N ER: Wings Credit Union
LO C AT IO N: 14985 Glazier Ave.
B.Sign Ordinance Amendments
C onsider ordinance amending the Sign Ordinance to correct errors with
multi-story buildings, increase the area of directional signs and fix clerical
errors.
6.Other Business
A.Review of Upcoming Schedule and Other Updates
Planning Commission - Wednesday, December 6, 2023 - 7:00 p.m.
Planning Commission - Wednesday, December 20, 2023 - 7:00 p.m.
C ity Council - Tuesday, November 21, 2023 - 7:00 p.m.
C ity Council - T hursday, December 14, 2023 - 7:00 p.m.
7.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able C hannel
180 and on the C ity's website at www.applevalleymn.gov
I T E M: 3.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :November 15, 2023
S E C T I O N:Consent A genda
Description:
A pprove the 2024 P lanning Commission Regular Meeting Schedule
S taff Contact:
B reanna Vincent, Planning Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve the 2024 Planning C ommission regular meeting schedule, in accordance with
adopted policy, on the first and third Wednesdays of each month.
S UM M ARY:
In accordance with current policy, following is the tentative schedule of regular meetings for
the year of 2024. T he calendar includes application deadlines.
B AC K G RO UND:
Agenda packet preparation will take place on Fridays preceding regular Planning
Commission meetings. Regular meetings will be held on the first and third Wednesday of
each month.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Calendar
s:\planning\private\plancomm\calendars\2024 draft.doc
APPLE VALLEY PLANNING COMMISSION
2024 MEETING CALENDAR AND APPLICATION DEADLINES
Meetings are held on the first and third Wednesdays of each month
at 7:00 p.m. at the Apple Valley Municipal Center, 7100-147th Street West
APPLICATION DEADLINE
for Public Hearings: Rezonings,
Subdivisions, Preliminary Plats,
Conditional Use Permits, Comp
Plan Amendments, Interim Use
Permits
Wednesday, 9:00 a.m.
APPLICATION DEADLINE
for Site Plan Reviews,
Variances, Sketch Plans, etc.
Wednesday, 9:00 a.m.
MEETING DATE
Wednesday, 7:00 p.m.
December 6, 2023
December 20, 2023
January 10, 2024
January 24, 2024
February 7, 2024
February 21, 2024
March 6, 2024
March 20, 2024
April 3, 2024
April 17, 2024
May 8, 2024
June 19, 2024
July 10, 2024
July 24, 2024
August 7, 2024
August 21, 2024
September 4, 2024
September 18, 2024
October 9, 2024
October 23, 2024
November 6, 2024
November 20, 2024
December 20, 2023
January 3, 2024
January 24, 2024
February 7, 2024
February 21, 2024
March 6, 2024
March 20, 2024
April 3, 2024
April 17, 2024
May 1, 2024
May 22, 2024
July 3, 2024
July 24, 2024
August 7, 2024
August 21, 2024
September 4, 2024
September 18, 2024
October 2, 2024
October 23, 2024
November 6, 2024
November 20, 2024
December 4, 2024
January 3, 2024
January 17, 2024
February 7, 2024
February 21, 2024
March 6, 2024 Annual Mtg.
March 20, 2024
April 3, 2024
April 17, 2024
May 1, 2024
May 15, 2024
June 5, 2024**
July 17, 2024**
August 7, 2024
August 21, 2024
September 4, 2024
September 18, 2024
October 2, 2024
October 16, 2024
November 6, 2024
November 20, 2024
December 4, 2024
December 18, 2024
** Only one meeting this month.
I T E M: 3.B.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :November 15, 2023
S E C T I O N:Consent A genda
Description:
A pprove Minutes of October 18, 2023 Regular Meeting
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve minutes of regular meeting of October 18, 2023.
S UM M ARY:
T he minutes of the last regular Planning Commission meeting is attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
October 18, 2023
1. CALL TO ORDER
The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz
at 7:00 p.m.
Members Present: Jodi Kurtz, Paul Scanlan, Phil Mahowald, Becky Sandahl and Jeff
Prewitt
Member(s) Absent: David Schindler, Keith Diekmann
City staff members attending: Community Development Director Tim Benetti, Planner Alex
Sharpe, Assistant City Engineer Evan Acosta, City Attorney
Sharon Hills, and Department Assistant Breanna Vincent.
2. APPROVAL OF AGENDA
Chair Kurtz asked if there were any changes to the agenda. – None.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl,
approving the agenda. Roll call vote: Ayes - 5 – Nays – 0.
3. CONSENT ITEMS
A. Approval of Minutes of September 20, 2023
B. Set Public Hearing - Ordinance Amending Planned Development No. 703
MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl,
approving the minutes of September 20, 2023 and the setting of the Public
Hearing to consider the amendment of PD 703. Roll call vote: Ayes - 5 –
Nays – 0.
4. PUBLIC HEARING
None
5. LAND USE
A. Wings Mortgage Sign Setback Variance
Planner Sharpe provided a brief presentation.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
October 18, 2023
Page 2 of 4
Chair Kurtz asked if there were any questions from commissioners. - None.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl, to recommend
approval of a 7’ sign setback variance at 15025 Glazier Ave, subject to conditions
in the draft resolution. Roll call vote: Ayes – 5 – Nays – 0.
B. Wings Credit Union Sign Height Variance
Planner Sharpe provided a brief presentation.
Commissioner Mahowald asked what the timeline was for the roundabout plans.
Planner Sharpe stated that it would likely be next Spring, though the sign variance is not
directly related to the roundabout installation, and it will be located further down the street.
Planner Sharpe deferred to Assistant City Engineer Acosta for more details.
Assistant City Engineer Acosta said that the roundabout is not 100% confirmed to be the
choice but staff is confident that it will be the choice.
Commissioner Mahowald asked if the roundabout would be located at that intersection
where the current sign is.
Planner Sharpe stated that the roundabout will be further down the street, but realignment
of the entire curvature of the roadway will occur. Ultimately, its not an item that can be
discussed in greater detail as it is still in the design stage.
Commissioner Mahowald was unclear on how the roundabout and sign variance are not
relative to each other. He asked if Commissioners are to look at the variance in terms of
height without any consideration as to where the sign will be placed.
Wings Financials’ Vice President of Administration and Facilities Tom Schuenke was
present to answer questions. Mr. Shuenke stated that Wings is planning to work with City
staff to ensure the sign location works well with the roundabout and any realignments made
to the road.
Planner Sharpe said that his reasoning for limiting the discussion on the roundabout aspect
because the variance is just for the sign height. The roundabout is in the early stages of
planning and staff is ill-equipped to discuss the effects of the roundabout.
Commissioner Prewitt asked if the other businesses’ signs included in the presentation were
in the LB zoning designation.
Planner Sharpe stated that they are all in industrial or retail zoning districts.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
October 18, 2023
Page 3 of 4
Commissioner Prewitt asked if there was any sign height identified in the agreements that
were signed with Wings.
Planner Sharpe said that he did not believe the sign height was mentioned in the agreement.
Commissioner Scanlan asked if allowing this variance would open the door for other
businesses in this zone to request the same.
Planner Sharpe said that the variance would be unique to that property. Every case is
separate.
City Attorney Hills stated that any business can ask for a variance. There is no legal
precedent set and each variance is evaluated separately.
Commissioner Scanlan noted that a variance was requested by Springs of Cobblestone Lake
and was denied. From a consistency standpoint, Commissioner Scanlan stated that this may
be something to consider.
Planner Sharpe said that the primary difference is that Springs is a residential site.
Mr. Shuenke provided a brief presentation.
Chair Kurtz agreed that Wings needs a new monument sign and asked what would be on
the bottom portion of the sign.
Mr. Schuenke stated that the right side is a slatted material, and the left side will be just a
blue material with no graphics.
Commissioner Prewitt asked if their plan is to put the sign in and if any impacts from the
roundabout occur, they will have the sign removed, or do they plan to wait for installation
after the roundabout is completed.
Mr. Schuenke stated that the plan is to work with Engineering staff and should the sign need
to be removed, they are prepared to do that.
Commissioner Prewitt asked if the sign will be illuminated 24/7.
Mr. Schuenke stated it would be.
Commissioner Sandahl asked if the height of the Car Clinic sign is known since it is also on
a lower speed street with less traffic.
Planner Sharpe said that the sign is very old and was likely installed sometime in the 1980s
and a permit record is not on file. This sign is located in the RB zone.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
October 18, 2023
Page 4 of 4
Staff is requesting no action on this item at this time.
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, November 15,
2023, 7:00 p.m. The next City Council meeting is Thursday, October 26, 2023, 7:00 p.m.
7. ADJOURNMENT
Chair Kurtz asked for a motion to adjourn.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl, to adjourn
the meeting at 7:32 p.m. Roll call vote: Ayes – 5 – Nays – 0.
Respectfully submitted,
______________________________________
Breanna Vincent, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 11/15/2023 . Paul Scanlan, Vice-Chair
I T E M: 4.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :November 15, 2023
S E C T I O N:P ublic Hearings
Description:
Ordinance A mending P lanned Development No. 703 - P C23-26-O
S taff Contact:
K athy Bodmer, A I C P, City Planner
Department / Division:
Community Development Department
Applicant:
City of Apple Valley
P roject Number:
P C23-26-O
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
1. Open public hearing, receiv e comments, close public hearing.
It is the policy of the Planning Commission to not take action on an item on the same
night as its public hearing.
Although it is the policy of the Planning C ommission to not take action on an item the same
night as its public hearing, the proposed amendments are housekeeping in nature and minor
updates. If all of the questions and comments are sufficiently addressed this evening, staff
recommends approval of the ordinance amendment with the following motion:
2. Recommend approv al of the draft ordinance amending P D-703 Cobblestone L ake.
S UM M ARY:
T he draft ordinance amends Planned D evelopment No. 703 in the C obblestone Lake area.
T he purpose of the ordinance amendment is to fix clerical errors, dated citations, formatting,
and to remove sand and gravel mining from the list of permitted uses in the Cobblestone Lake
area.
B AC K G RO UND:
Ordinance No. 703, adopted November 8, 2001, established Planned Development zoning
district N o. 703 for the C obblestone Lake area. Since that time, 20 ordinances have been
enacted to amend PD -703 to provide development standards for new developments within the
300-acre area. When P D-703 was established in 2001, the C ity used a different notation
system for the C ity C ode references. As a result, sections of the PD-703 provisions cite
previous cross-references which no longer apply to the current code. Staff have identified a
few minor typographical errors and dated citations that should be updated to current
standards. Staff proposes to streamline the end notes to the table at A28-5(B)(1). Last, since
the C obblestone Lake area is nearly fully developed, the provisions for sand and gravel
mining should be removed from the list of permitted and conditional uses.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Ordinance
Ordinance
Map
1
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-
APPENDIX F, ARTICLE A28, OF THE CITY CODE REGULATING PLANNED
DEVELOPMENT DESIGNATION NO. 703
The City Council of Apple Valley ordains:
Section 1. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is amended
by revising Section A28-1 to read as follows:
§ A28-1 PURPOSE.
The purpose of this article is to establish specific performance standards for Zone 6 in
compliance with § A1-46 (§§Sections 155.260 - 155.267) 155.271 for property designated by
Ordinance No. 804 703 on the official zoning map. The purpose of this planned development is to
provide for an integrated mix of low, medium and high-density residential uses, shopping center,
and retail business, limited business and institutional uses.
Section 2. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(C)(4) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(C) Zone 2A. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
(4) Home occupation as defined in A1-3 § 155.003.
* * *
Section 3. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(D)(4) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(D) Zone 3. Within this zone, no structure or land shall be used except for the one or more
of the following uses or uses deemed similar by the City Council:
2
* * *
(4) Home occupation as defined in A1-3 § 155.003.
* * *
Section 4. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(F) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(F) Zone 5. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
(1) Multiple-residential dwellings, provided they are served by public sanitary
sewer and water systems and provided no single structure contains in excess of 20 dwelling
units.
(2) Community based family care home, day care home, or such home for the
care of the mentally or physically handicapped licensed by the state.
(3) Public utility buildings and structures.
(4) Home occupation as defined in §155.003.
(5) Parks and playgrounds.
Section 5. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising the title provision of Section A28-2(G) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(G) Zoned 6. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
3
Section 6. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(G) (12) (i) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(G) Zone 6. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
(12) Class III restaurant with drive-through window service, subject to the
following conditions:
* * *
(i) The restaurant shall not serve foods that requires the installation of a
Type I ventilation hood, grease and smoke removing, as defined in the Uniform Mechanical Code.
* * *
Section 7. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising the endnotes to the Table in Section 28-5(B)(1) to read as follows:
§ A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS.
* * *
(B) The following minimum area standards and requirements shall be met and no
improvements shall be placed on such lands unless the lands to be used or improved shall meet the
following area and dimensional requirements.
(1) Table of Minimum Area Standards and Requirements.
* * *
Notes to Table of Minimum Area Standards and Requirements above:
* Building height shall be measured from elevation of the first floor to highest point of the roof.
The exposed foundation of any structure shall not exceed four feet.
** The width of a lot that abuts a street round-about shall be calculated by adding the as
followsing: (1) the lineal length of the lot that abuts the curve of the round-about, added to (2)
the shorter of the two lineal lengths of the lot that abut the street right-of-way on each side of the
lot line abutting the round-about curve.
a. The lineal length of the lot adjacent to the curve.
4
b. The shortest side of the lot immediately adjacent to the curve.
1. Zone 2:
a. The minimum lot area, side yard setback and front (street) setback requirements set
forth above for Zone 2 shall not apply in the Cobblestone Lake 5th and 6th Additions
and shall be as set forth in Section A28-5(G)(9) herein.
b. The minimum lot width set forth in Zone 2 shall not apply for Blocks 12 and 13,
Cobblestone Lake 3rd Addition, and Cobblestone Lake 6th and 9th Additions and
shall be as set forth in A28-5(G)(10) herein.
Note: The table of minimum area requirements and standards for Zones 4 through 7 will be
established at the time of formal approval of land use requests for the remaining portion(s) of the
Cobblestone Lake development.
Zone 8 shall comply with area requirements set forth in § A1-48 .
Note: The minimum lot area, side yard setback and front (street) setback requirements set forth
above for Zone 2 shall not apply in the Cobblestone Lake 5th and 6th Additions and shall be as
set forth in Section A28-5(G)(9) herein.
Note: The minimum lot width set forth in Zone 2 shall not apply for Blocks 12 and 13,
Cobblestone Lake 3rd Addition, and Cobblestone Lake 6th and 9th Additions and shall be as set
forth in A28-5(G)(10) herein.
* * *
Section 8. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-5(F)(1) to read as follows:
§ A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS.
* * *
(F) Signage. The following design elements shall be incorporated into all site plans. The
goal of these regulations is to assure ensure an overall harmonious theme will be created for all
areas within this planned development.
(1) Signage shall be in accordance with Chapter 6 Chapter 154 of the City Code of
Ordinances.
* * *
Section 9. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Sections A28-2(I) and A28-3(H) to read as follows:
5
§ A28-2 PERMITTED USES.
(I) Zone 8. Reserved. Within this zone, no structure or land shall be used except for one
or more of the following uses or uses deemed similar by the City Council:
(1) Any use as permitted under § 155.288.
§ A28-3 CONDITIONAL USES.
(H) Zone 8. Reserved. Within this zone, no structure or land shall be used for the
following use or uses deemed similar by the City Council except through the granting of a
conditional use permit:
(1) The excavation, hauling, mining, and stockpiling of sand and gravel and such
buildings and equipment as are customarily incidental thereto, subject to all applicable
conditions set forth in § 155.285 through § 155.293 and § 155.999.
(2) Asphalt plant, subject to all applicable conditions set forth in § 155.285 through
§ 155.293 and § 155.999.
Section 10. Summary approved. The City Council hereby determines that the text of the
summary marked “Official Summary of Ordinance No. ____”, a copy of which is attached hereto,
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and summary will clearly inform the public of the intent
and effect of the ordinance.
Section 11. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any person during regular office hours.
Section 12. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the ordinance
is available for inspection by any person during regular office hours at the office of the City Clerk.
Section 13. Effective date. This ordinance shall take effect upon its passage and publication
of its title and official summary.
PASSED by the City Council this ___ day of ____, 2023.
_________________________________
Clint Hooppaw, Mayor
ATTEST:
________________________________
6
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-
APPENDIX F, ARTICLE A28, OF THE CITY CODE REGULATING PLANNED
DEVELOPMENT DESIGNATION NO. 703
The following is the official summary of Ordinance No. ____ approved by the City Council
of Apple Valley on ______, 2023:
Chapter 155 of the City Code is amended by revising select sections of Appendix F,
Article A28, governing Planned Development No. 703, to correct typographical
errors, incorrect or outdated references to other Code sections, clarifying and
updating the endnotes for the Table of Minimum Area Standards and Requirements,
and to delete all provisions permitting and regulating sand and gravel mining
operations within the PD 703 designated area.
A printed copy of the ordinance is available for inspection by any person during regular office hours
at the office of the City Clerk at the Apple Valley Municipal Center, 7100 West 147th Street, Apple
Valley, Minnesota 55124.
1
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-
APPENDIX F, ARTICLE A28, OF THE CITY CODE REGULATING PLANNED
DEVELOPMENT DESIGNATION NO. 703
The City Council of Apple Valley ordains:
Section 1. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is amended
by revising Section A28-1 to read as follows:
§ A28-1 PURPOSE.
The purpose of this article is to establish specific performance standards in compliance
with Sections 155.260 - 155.271 for property designated by Ordinance No. 703 on the official
zoning map. The purpose of this planned development is to provide for an integrated mix of low,
medium and high-density residential uses, shopping center, retail business, limited business and
institutional uses.
Section 2. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(C)(4) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(C) Zone 2A. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
(4) Home occupation as defined in § 155.003.
* * *
Section 3. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(D)(4) to read as follows:
§ A28-2 PERMITTED USES.
* * *
2
(D) Zone 3. Within this zone, no structure or land shall be used except for the one or more
of the following uses or uses deemed similar by the City Council:
* * *
(4) Home occupation as defined in § 155.003.
* * *
Section 4. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(F) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(F) Zone 5. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
Section 5. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising the title provision of Section A28-2(G) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(G) Zone 6. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
Section 6. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(G) (12) (i) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(G) Zone 6. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
3
(12) Class III restaurant with drive-through window service, subject to the
following conditions:
* * *
(i) The restaurant shall not serve foods that require the installation of a Type
I ventilation hood, grease and smoke removing, as defined in the Uniform Mechanical Code.
* * *
Section 7. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising the endnotes to the Table in Section 28-5(B)(1) to read as follows:
§ A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS.
* * *
(B) The following minimum area standards and requirements shall be met and no
improvements shall be placed on such lands unless the lands to be used or improved shall meet the
following area and dimensional requirements.
(1) Table of Minimum Area Standards and Requirements.
* * *
Notes to Table of Minimum Area Standards and Requirements above:
* Building height shall be measured from elevation of the first floor to highest point of the roof.
The exposed foundation of any structure shall not exceed four feet.
** The width of a lot that abuts a street round-about shall be calculated as follows: (1) the lineal
length of the lot that abuts the curve of the round-about, added to (2) the shorter of the two lineal
lengths of the lot that abut the street right-of-way on each side of the lot line abutting the round-
about curve.
1. Zone 2:
a. The minimum lot area, side yard setback and front (street) setback requirements set
forth above for Zone 2 shall not apply in the Cobblestone Lake 5th and 6th Additions
and shall be as set forth in Section A28-5(G)(9) herein.
b. The minimum lot width set forth in Zone 2 shall not apply for Blocks 12 and 13,
Cobblestone Lake 3rd Addition, and Cobblestone Lake 6th and 9th Additions and
shall be as set forth in A28-5(G)(10) herein.
4
* * *
Section 8. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-5(F)(1) to read as follows:
§ A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS.
* * *
(F) Signage. The following design elements shall be incorporated into all site plans. The
goal of these regulations is to ensure an overall harmonious theme will be created for all areas
within this planned development.
(1) Signage shall be in accordance with Chapter 154 of the City Code of
Ordinances.
* * *
Section 9. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Sections A28-2(I) and A28-3(H) to read as follows:
§ A28-2 PERMITTED USES.
(I) Zone 8. Reserved.
§ A28-3 CONDITIONAL USES.
(H) Zone 8. Reserved.
Section 10. Summary approved. The City Council hereby determines that the text of the
summary marked “Official Summary of Ordinance No. ____”, a copy of which is attached hereto,
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and summary will clearly inform the public of the intent
and effect of the ordinance.
Section 11. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any person during regular office hours.
5
Section 12. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the ordinance
is available for inspection by any person during regular office hours at the office of the City Clerk.
Section 13. Effective date. This ordinance shall take effect upon its passage and publication
of its title and official summary.
PASSED by the City Council this ___ day of ____, 2023.
________________________________
Clint Hooppaw, Mayor
ATTEST:
________________________________
Pamela J. Gackstetter, City Clerk
6
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-
APPENDIX F, ARTICLE A28, OF THE CITY CODE REGULATING PLANNED
DEVELOPMENT DESIGNATION NO. 703
The following is the official summary of Ordinance No. ____ approved by the City Council
of Apple Valley on ______, 2023:
Chapter 155 of the City Code is amended by revising select sections of Appendix F,
Article A28, governing Planned Development No. 703, to correct typographical
errors, incorrect or outdated references to other Code sections, clarifying and
updating the endnotes for the Table of Minimum Area Standards and Requirements,
and to delete all provisions permitting and regulating sand and gravel mining
operations within the PD 703 designated area.
A printed copy of the ordinance is available for inspection by any person during regular office hours
at the office of the City Clerk at the Apple Valley Municipal Center, 7100 West 147th Street, Apple
Valley, Minnesota 55124.
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I T E M: 5.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :November 15, 2023
S E C T I O N:L and Use / Action I tems
Description:
W ings Credit Union Sign Height and A rea Variances
S taff Contact:
A lex Sharpe, A I C P, Planning and Economic Dev. S pec.
Department / Division:
Community Development Department
Applicant:
W ings Credit Union
P roject Number:
P C23-28V
Applicant Date: 10/3/2023 60 Days: 12/2/2023 120 Days: 1/31/2024
AC T I O N RE Q UE S T E D:
Based on Sign C ode provisions, it is staff's opinion that the additional height and size granted
by the variances do not meet all of the variance factors/conditions set forth in city ordinance.
Further, allowing a sign that is 12’ taller and 20 sq. ft. larger than permitted would confer an
advantage to the applicant over other users in the district. T herefore, it is staff's
recommendation to deny the proposed variances.
T he Planning C ommission is asked to make a recommendation on both variances sought. T he
Commission may make a motion to either recommend approval or denial of each item
independent from one another via the following motions:
To Deny:
Recommend denial of a variance to allow a 20’ tall sign where 8’ is the maximum height
permitted.
Recommend denial of a variance to allow a 80 sq. ft. sign were 60 sq. ft. is the maximum
size permitted.
T he Planning C ommission must state their findings of fact for the record so they may be
included in a resolution for City Council. In the event of denial, staff has provided draft
findings of fact for both actions in the staff report.
To Approv e:
Recommend approval of a 12’ variance to allow a 20’ tall sign where 8’ is the maximum
height permitted.
Recommend approval of a 20 sq. ft. variance to allow a 80 sq. ft. sign where the maximum
size of 60 sq. ft. is permitted.
T he Planning C ommission must state their findings of fact for the record so they may be
included in a resolution for C ity Council.
S UM M ARY:
Wings C redit Union at 14985 Glazier Ave has applied for a 12' sign height variance. Upon
staff review, a sign area variance is also required to install the proposed sign. T he proposed
sign has not been amended since the Planning Commission's initial review, staff found that the
second variance was required during the formal review process.
Wings has recently rebranded and has replaced signage at all of their locations. T his location
is Wings headquarters and as such they are seeking a prominent sign at their primary
campus.
T he site is zoned "PD-290" and the underlying zone is Limited Business. T he sign ordinance
allows Limited Business zones to have monument signs at a total height of 8' and 60 sq. ft. in
area. T he sign proposed is 20' tall and 80 sq. ft. in area.
Roadway alignment changes to 147th St. W. are planned with a new roundabout being
installed to the east of this sign. T he corner of 147th and Glazier Ave will be affected by the
alignment change which will remove the existing sign. T he existing sign is approximately 6.5'
from the property line where 13' is required. Engineering staff and the applicant have
reviewed a site plan where a new sign is proposed that meets the 13' setback requirement. As
part of the roadway work, Wings has requested that the C ity remove the existing berm and
not replace it at this time. T he C ity has not received an application for a sign setback
variance at this location. One of the purposes of a sign setback is to prevent roadway
alignment alterations from affecting private signs. When a setback variance is granted, a
standard condition of approval is that if roadway alignment affects the location of the sign the
City or government entity is not responsible for the relocation of the sign. T here are no
records that the existing sign received a variance.
T he Planning Commission reviewed this application at their October 18, 2023 meeting. Initial
comments were provided but an action was not sought. Additional staff review found that the
proposed sign is also 20 sq. ft. larger than what code allows. An additional action from the
Commission either recommending approval or denial of the size variance is required in
addition to the sign height variance previously discussed. For the item to proceed, the
Planning C ommission must provide a recommendation on both actions to the City C ouncil.
B AC K G RO UND:
Comprehensiv e Guiding and Zoning
T he site is guided for commercial uses and is zoned "PD-290 Zone 3" which is one of the
City's first planned developments. Typically a variance is not permitted within a planned
development, but the zone specifically defers the regulation of signs to the general sign code
in Chapter 154 and as such variances are permitted.
PD-290 Zone 3 was specifically created for large office users, Wings, C ommons I and
Commons II. T hese buildings are some of the tallest in the community and are prominent
along the major roadways of C edar Ave and C SA H 42. T he sign ordinance allows for
significant building signage on the upper story faces of these structures. Monument signs are
permitted to be 8' in height and 60 sq. ft. in area. G enerally, monument signs are permitted
along lower speed and volume roadways whereas pylon signs are typically allowed along
major roadways and retail corridors. Pylon signs are permitted to be 24' tall and 110 sq. ft. in
area.
Zone 3, the area where the site is located, is circled by 147th St. and Glazier Ave. Both
roadways have a speed limit at 30 mph and are lower volume. In comparison, major
roadways such as Cedar Ave, C SA H 42, Pilot Knob, etc. are a minimum of 45 mph, have a
significantly greater right-of-way width and are higher volume and are typically where the
larger pylon signs are permitted.
Existing v s. P roposed Sign
T he proposed sign is 80 sq. ft. T he current sign is approximately 12 sq. ft. and is setback
6.5' from the property line. T he underlying zoning for the area is Limited Business, which
allows monument signs up to 60 sq. ft. for multi-tenant buildings. T he proposed sign also
includes a digital reader board, which is a permitted use within the zone provided it meets all
provisions required for digital signs.
T he City has not issued any permits for signs which exceed 8' in height within the sub-district
and there are no signs at 20' in height, which is proposed. A sign height variance was sought
by AmericInn in 2020 to allow their 26' tall sign to be increased in height to 28' tall.
AmericInn is located in a different subzone that is retail oriented vs the professional office
orientation of subzone 3, which is where Wings is located. T he applicant's stated purpose to
apply for the A mericInn sign variance was to protect the sign from being hit by semi trailers.
T he Planning Commission reviewed this request and unanimously recommended denial. T he
applicant withdrew their request prior to City C ouncil review.
P rov isions for a Variance
As stated, C hapter 154 of the C ity Ordinance regulates the sign code, including variance
provisions. Sign variances are not required to meet the state standards for a "practical
difficulty" like those in the Zoning Ordinance. Instead, the ordinance requires that the
following provisions be utilized to determine whether a variance could be granted:
Variance: C onditions to granting. No variance shall be granted unless the Council shall find
that either condition (1) or (2) hereinafter set forth exists:
(1) All of the following requirements must be met:
(a) Special conditions exist which are peculiar to the land, structure, building involved
and which are not applicable to other lands, structures or buildings in the same district;
(b) T he special conditions and circumstances do not result from the actions of the
applicant;
(c) A literal interpretation of the provisions of these regulations would deprive the
applicant of rights commonly enjoyed by other properties in the same district and the
terms of these sign regulations;
(d) T hat granting the variance requested would not confer on the applicant any special
privilege for a use not common to other lands, structures or buildings in the same
district; and
(e) T he proposed use of the property shall have an appearance that will not have an
adverse effect upon adjacent properties and there will be no deterrence to development
of vacant land.
(2) A ny proposed signage beyond the maximum square footage permitted would have the
primary function of providing a public service.
T he Planning C ommission, C ouncil, and staff must utilize these criteria when evaluating sign
variance applications.
Draft F indings
Staff has developed the following draft findings for the Planning C ommission to consider.
T hese findings lead to the staff recommendation that the sign variances be denied.
(a) Special conditions exist which are peculiar to the land, structure, building involved and
which are not applicable to other lands, structures or buildings in the same district;
There are no special conditions which have a nexus to the sign height or size. The proposed
alteration of 147th St. W. by the C ity provide f or better site visibility due to the removal of
the berm, improved site access, and sign visibility. 147th St. W. will remain a 30 mph
roadway and a driver's ability to view the sign may be diminished by the increased height
rather than improved.
(b) T he special conditions and circumstances do not result from the actions of the applicant;
There are no special provisions that have a nexus to sign height or size.
(c) A literal interpretation of the provisions of these regulations would deprive the applicant
of rights commonly enjoyed by other properties in the same district and the terms of these
sign regulations;
There are no signs of this size or height within the PD -290 Zone 3 area. This area is
intended f or prof essional of f ices and the underlying zoning is "L B" (Limited Business)
which allows f or monument style signs at a maximum of 8' tall and 60 sq. f t. All other signs
within this sub-district appear to meet these requirements.
(d) T hat granting the variance requested would not confer on the applicant any special
privilege for a use not common to other lands, structures or buildings in the same district; and
The granting of this variance would conf er an advantage to the applicant over all other
properties in the PD-290 subzone 3 area. The intent of the underlying "L B" (Limited
Business) sign ordinance is to allow smaller monument signs due to the high visibility of the
multi-story of f ice structures. Allowing additional sign height and area would also convey
advantage over neighboring properties in other sub-zones as the "LB" zone allows f or
larger wall signage than other zones and is typically more visible f rom a greater distance
due to the height of the buildings.
(e) The proposed use of the property shall have an appearance that will not have an
adverse ef f ect upon adjacent properties and there will be no deterrence to development of
vacant land.
The proposed sign could be interpreted as and advantage to the applicant which would be
an adverse af f ect upon adjacent properties. The improvement f rom the existing sign to a
newer more modern design may be seen as benef icial. The additional size and height could
also be interpreted as a negative ef f ect due to it being out of character with the surrounding
district.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Area Map
Elevations
Elevations
Plan S et
Memo
Map
Map
147TH ST W
150TH ST W
CEDAR AVE
GLAZIER AVE
GLENDA DR
GARRETT AVE
CEDAR AVE
GLAZIER AVE
150 TH ST W
GARRETT AVE
SITE
Wings Credit Union14985 Glazier AveSign Height Variance
¯
^
0 100 200 300 Feet
Chris Clark
Wings Financial
Apple Valley, MN
08-18-2023
Scale: 3/16” = 1’
WNGS_AV1_PS_V1A.ai
freestanding monument
sign
Customer
Location
Description
Sales Person
Date
Scale
File / Rev
IMPORTANT NOTICE:
This is a proprietary design of Leroy
Signs, Inc., designed specifically for this
project. It is illegal and unethical to
distribute to any other entity for copy or
use. This design cannot be used without
the written consent of Leroy Signs, Inc.
6325 WELCOME AVE, N.
MINNEAPOLIS, MN 55429
Phone: 763-535-0080
ww.leroysigns.com
PRIMARY ELECTRICAL POWER TO SIGN
TO BE BY OTHERS. ALL POWER TO BE
120 VOLT UNLESS OTHERWISE STATED
SIGN MUST BE GROUNDED IN COMPLIANCE WITH
ARTICLE 600 OF THE NATIONAL ELECTRIC CODE
ELECTRICAL TO USE
U.L. LISTED COMPONENTS
AND SHALL MEET ALL
N.E.C. STANDARDS
REPLACE EXISTING MONUMENT WITH PROPOSED NEW LED BACKLIT PUSH THRU ACRYLIC SIGN
FRONT VIEWSIDE VIEW
7328 WHITE 1/2” THICK ACRYLIC (LETTERS, LOGO)
PMS 287C (CABINET)
routed push thru LED backlit copy
decorative slats
open air flow
aluminum base
grade
full color EMC
TOP
ELECTRICAL REQUIREMENTS:
1 QTY 120 VOLT 20 AMP CIRCUIT
sign area = 80 sq ft
Existing Sign
Proposed Sign
20'-0"
3'-0"
3'-0"
3'
-
5
"
6"
7'-11"
10'-0"
5'-0"
Chris Clark
Wings Financial
Apple Valley, MN
11-09-2023
Scale: 3/16” = 1’
WNGS_AV1_PS_V1C.ai
freestanding monument
sign
Customer
Location
Description
Sales Person
Date
Scale
File / Rev
IMPORTANT NOTICE:
This is a proprietary design of Leroy
Signs, Inc., designed specifically for this
project. It is illegal and unethical to
distribute to any other entity for copy or
use. This design cannot be used without
the written consent of Leroy Signs, Inc.
6325 WELCOME AVE, N.
MINNEAPOLIS, MN 55429
Phone: 763-535-0080
ww.leroysigns.com
PRIMARY ELECTRICAL POWER TO SIGN
TO BE BY OTHERS. ALL POWER TO BE
120 VOLT UNLESS OTHERWISE STATED
SIGN MUST BE GROUNDED IN COMPLIANCE WITH
ARTICLE 600 OF THE NATIONAL ELECTRIC CODE
ELECTRICAL TO USE
U.L. LISTED COMPONENTS
AND SHALL MEET ALL
N.E.C. STANDARDS
REPLACE EXISTING MONUMENT WITH PROPOSED NEW LED BACKLIT PUSH THRU ACRYLIC SIGN
FRONT VIEWSIDE VIEW
7328 WHITE 1/2” THICK ACRYLIC (LETTERS, LOGO)
PMS 287C (CABINET)
routed push thru LED backlit copy
decorative slats
open air flow
aluminum base
grade
full color EMC
TOP
ELECTRICAL REQUIREMENTS:
1 QTY 120 VOLT 20 AMP CIRCUIT
sign area = 80 sq ft
Existing Sign
Proposed Sign
20'-0"
3'-0"
3'-0"
3'
-
4
"
6"
7'-11"
10'-0"
5'-0"
trees to be cleared
around sign site
Chris Clark
Wings Financial
Apple Valley, MN
09-26-2023
Scale: NTS
WNGS_AV1_SLM_V1A.ai
freestanding monument
sign
Customer
Location
Description
Sales Person
Date
Scale
File / Rev
IMPORTANT NOTICE:
This is a proprietary design of Leroy
Signs, Inc., designed specifically for this
project. It is illegal and unethical to
distribute to any other entity for copy or
use. This design cannot be used without
the written consent of Leroy Signs, Inc.
6325 WELCOME AVE, N.
MINNEAPOLIS, MN 55429
Phone: 763-535-0080
ww.leroysigns.com
PRIMARY ELECTRICAL POWER TO SIGN
TO BE BY OTHERS. ALL POWER TO BE
120 VOLT UNLESS OTHERWISE STATED
SIGN MUST BE GROUNDED IN COMPLIANCE WITH
ARTICLE 600 OF THE NATIONAL ELECTRIC CODE
ELECTRICAL TO USE
U.L. LISTED COMPONENTS
AND SHALL MEET ALL
N.E.C. STANDARDS
PROPOSED PYLON SIGN SITE PLAN
AV-1
15'
-
0
"
15'-0"
SIGN LOCATION
15’ set back from property line
ENLARGED DETAIL
CITY OF
MEMO
Public Works
TO: Alex Sharpe, AICP, Planner
FROM: Evan Acosta, Assistant City Engineer
DATE: November 8, 2023
SUBJECT: Wings Credit Union Sign Height Variance
Alex,
The following are comments regarding the Wings Credit Union Sign Height Variance. Please include these
items as conditions to approval.
General
1. A preliminary new sign location has been identified by the Engineering department
related to the upcoming 147th St W and Glazier Ave Intersection Improvements
Project. The final sign location is subject to review by the City Engineer.
27'
11'
2'X10' SIGN
16'
28'
2
0
'
27'
24
'
13'
1
3
'
13' OFFSET FROM ROW
NEW ROW
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Job #11854
10/10/2023 - 5:11PM
Right of Way Impacts - Wings Financial
147Th Street Feasitility Study
Apple Valley, MN
Figure 1Existing Sign Location (Approximate)
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Job #11854
10/10/2023 - 5:11PM
Right of Way Impacts - Wings Financial
147Th Street Feasitility Study
Apple Valley, MN
Figure 1
I T E M: 5.B.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :November 15, 2023
S E C T I O N:L and Use / Action I tems
Description:
S ign Ordinance A mendments
S taff Contact:
A lex Sharpe, A I C P, Planning and Economic Dev. S pec.
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Recommend approval of the proposed amendments to the sign ordinance subject to
preparation of the draft ordinance amendment by the City Attorney.
S UM M ARY:
During the review of sign permit applications, staff is often required to make interpretations
of the ordinance to fit the current situation. However, when the code is overly explicit or was
created to address a single item it can present issues during permit review. If these issues are
rare and the situation does not present itself frequently, an interpretation is often the correct
path. However, much like with variances, if an issue begins to become common the best
practice is to amend the ordinance to clarify.
T he Planning C ommission is not required to review amendments to C hapter 154 Sign
Ordinance. Staff has traditionally brought amendments to C hapter 154 Sign Ordinance to the
Planning C ommission for review as a best practice.
T hree amendments to the sign ordinance are proposed due to the frequency in which staff is
working with them. A summary of each issue is included below, with actual ordinance
language included in the background of the report.
Multi-Story B uildings
Current sign ordinance is overly specific when regulating signs on multi-story buildings. T he
current ordinance for multi-story buildings is overly explicit in stating that signs must be on
the fourth floor or above. T here are three buildings that are four stories or greater in the City,
but numerous two and three story buildings. Under the current ordinance, staff is not
authorized to issue a sign permit to allow a two or three story building to install a sign on
their top floor. Most, if not all, of the C ity's three story buildings have signs on their top floor,
some of which have been issued permits. To issue a permit, staff has had to rely on an
ordinance that allows replacement of a sign face to allow these signs.
Recently, two applicants have not fit the staff interpretation. In the first instance, the building
previously had signs installed on the third story. T hese signs have been removed for over a
year. Due to this, staff is unable to make the interpretation that these signs are
"replacements" of existing signs. In the second instance, a new two story medical building is
under construction. T he owner, Health Partners, would like to place their sign on the
uppermost story of the building, the second floor. As stated, ordinance only allows this on
buildings four stories or more. Under the current ordinance, Health Partners is required to
install the signs on the first story.
Staff is proposing language which will achieve the following:
Allow signs to be on the uppermost story of a multi-story building.
Prohibit signs from being installed on multiple stories of a building. For example: on a
three story building the primary signage must be placed on the third story even if the
tenant is located on the second story. T his creates a consistent sign band on the third
story.
Allow pedestrian oriented signage on floor one.
Allow building users to direct customers/visitors to the correct entrance for their
business. T his signage will be limited in size to 8 sq. ft.
Directional Signage
Staff has regularly fielded the concern from our industrial users in particular that the C ity's
directional sign regulations are too restrictive. Ordinance allows a site up to four directional
signs at a maximum of 2 sq. ft. each. T he language also includes a provision that prohibits
any advertisement on the sign.
For many of the C ity's industrial users, a 2 sq. ft. sign is simply not large enough for their
delivery vehicles to see when navigating the site. Research of other communities found
directional sign size varied between 2 sq. ft. and 10 sq. ft. Users have also expressed concern
on the number of signs when they are not intended for view or not visible from off site. In
many recent developments, signage has been installed behind walls, berms, and other
screening that is not intended for view for the general public. T he intent is to ensure delivery
drivers, staff, and customer pickup areas can be found.
Due to a Supreme C ourt case, sign regulations must be "content neutral". T his means a city
must not base their regulation of a sign upon what the sign says. T he current ordinance states
that no advertising may occur on directional signs, this does not meet "content neutrality"
requirements.
Staff is proposing language which will achieve the following:
Amend the total size of directional signage from 2 sq. ft. to 8 sq. ft.
Continue to allow up to 4 visible directional signs per site.
Add a provision that directional signs for on-site operational direction and not visible
or not intended to be visible from off site are not subject to number of location
regulations in the ordinance.
Drafting the language to meet this goal is challenging to address all
circumstances. Staff and the C ity Attorney are working together to ensure the
stated goal is met and will present the actual language to the City C ouncil.
Sign Variances
T he Commission has fielded and reviewed a significant number of sign variances over the
last year. C ommissioners have been provided with an excerpt from code on the provisions the
City utilizes when evaluating a variance and may have noticed a small typo that has been in
place since the City converted to a new codification system in the early 2000's.
When reviewing variances, the ordinance states that (a) and (b) shall be referenced. T he
following language begins with a (1) and a (2). T his is a clear clerical error but should be
corrected while we are amending other Sign Ordinance sections.
Staff is proposing language which will achieve the following:
Correction to a consistent numbering format.
B AC K G RO UND:
Multi-Story B uilding Signs
An excerpt of the ordinance text is included for reference below. As stated, the goal is to
allow signs on buildings with multiple stories to place the primary building signage on the
uppermost/top story.
154.04 Signs Requiring a Permit:
(C ) Multi-story building signs. For multi-story buildings, in all zoning districts, no signs
attached to the building, temporary or permanent, shall be permitted above the first floor
except for the following:
(1) Building of four stories or more, located in a commercial or industrial district shall
be permitted additional building signs in addition to any signs otherwise permitted by this
chapter.
Directional Signs
An excerpt of the sign ordinance text is included for reference below. T he stated goal is to
allow signs to increase to 8 sq. ft. and include a provision that signs not visible or not
intended for off-site view not be subject to number of location requirements of the ordinance.
154.03 Signs Allowed Without a Permit:
(C ) Directional signs.
(1 ) On-site directional signs, not exceeding a maximum of two square feet per sign and a
maximum number of four signs per site, shall be permitted in any commercial, industrial or
institutional zoning district for the purpose of directing vehicular or pedestrian traffic in a safe
and convenient manner.
(2 ) Off-site directional signs may be permitted by the C ity C ouncil to direct the public to
emergency facilities.
D EFIN IT IO N S:
D IREC T IO N A L SIG N. A sign erected upon private property to provide pedestrian or traffic
directions and which bears no advertising information.
Sign Variances
An excerpt of the sign ordinance text is included below for reference. T he stated goal is to
correct the clerical error in numbering vs. lettering of sections.
154.07 Sign Administration:
(F) Variance; conditions to granting. No variance shall be granted unless the C ouncil shall
find that either condition (a) or (b) hereinafter set forth exists:
(1) All of the following requirements must be met:
(a) Special conditions exist which are peculiar to the land, structure, building involved and
which are not applicable to other lands, structures or buildings in the same district;
(b) T he special conditions and circumstances do not result from the actions of the applicant;
(c) A literal interpretation of the provisions of these regulations would deprive the applicant
of rights commonly enjoyed by other properties in the same district and the terms of these
sign regulations;
(d) T hat granting the variance requested would not confer on the applicant any special
privilege for a use not common to other lands, structures or buildings in the same district; and
(e) T he proposed use of the property shall have an appearance that will not have an adverse
effect upon adjacent properties and there will be no deterrence to development of vacant
land.
(2) A ny proposed signage beyond the maximum square footage permitted would have the
primary function of providing a public service.
B UD G E T I M PAC T:
N/A
I T E M: 6.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :November 15, 2023
S E C T I O N:Other Business
Description:
Review of Upcoming S chedule and Other Updates
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Next P lanning Commission Meetings:
Wednesday, December 6, 2023 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, November 8, 2023.
Site plan, variance applications due by 9:00 a.m. on Wednesday, November 22, 2023.
Wednesday, December 20, 2023 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, November 22 2023.
Site plan, variance applications due by 9:00 a.m. on Wednesday, December 6, 2023.
Next City Council Meetings:
Tuesday, November 21, 2023 - 7:00 p.m.
T hursday, December 14, 2023 - 7:00 p.m.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A