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HomeMy WebLinkAbout04/14/2009 AGENDA CITY OF MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD Tuesday, April 14, 2009 6:00 P.M. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. February 10, 2009 5. New Business: a. University of Minnesota Urban Tree Management Program (Presentation by Dr. Gary Johnson) 6. Design Review: a. Ashley Furniture Comprehensive Sign Plan Amendment, 1770 County Road D 7. Unfinished Business: a. Sign Code Amendment Update 8. Visitor Presentations: 9. Board Presentations: 10. Staff Presentations: 11. Adjourn DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, FEBRUARY 10, 2009 I. CALL TO ORDER Vice-Chairperson Ledvina called the meeting to order at 6:00 p.m. II. ROLL CALL Boardmember John Demko Vice-Chairperson Matt Ledvina Chairperson Linda Olson Boardrnember Ananth Shankar Boardrnember Matt Wise Present Absent Present Present Present Staff Present: Tom Ekstrand, City Planner III. APPROVAL OF AGENDA Boardmember Shankar rnoved to approve the agenda as presented. Boardrnember Wise seconded The motion passed. Ayes - all IV. APPROVAL OF MINUTES a. January 13, 2009 Boardmember Wise moved approval of the minutes of January 13, 2009 as presented. Boardrnember Shankar seconded The motion passed. Ayes - all V. DESIGN REVIEW a. Mogren Office Building, South of 2607 White Bear Avenue Planner Tom Ekstrand presented the staff report for the request by applicant Jim Kellison of Kelco Services for design approval of a 2,673-square-foot, one-story office building on the vacant property south of 2607 White Bear Avenue. The proposed office building would have a hip roof with asphalt shingles, horizontal-lap Hardie siding, shake siding and brick. Planner Ekstrand showed the design board sarnples of the proposed materials. Planner Ekstrand said the proposed parking plan rneets code requirements and the site has an existing shared-access agreement in place that is planned to be legally reviewed and revised if needed. Mr. Ekstrand said the landscaping proposed is sufficient for the site and the site lighting cornplies with light-intensity maximum requirements. The applicant Jirn Kellison of Kelco Services said he is representing the owners of the property, the Mogren family. Mr. Kellison said the users of this property would be either a commercial or medical office space. Cornmunity Design Review Board Minutes 02-10-2009 2 Mr. Kellison explained the driveway easement and storm water drainage easement are both in the process of being completed and explained that the storrn water will drain onto the Mogren's property to the west. Boardmember Wise asked if Mr. Kellison was in agreement with the staff report recommendation requiring a trash enclosure. Mr. Kellison responded that he is in agreement and that the enclosure will be built with the same rnaterials as used in the building. Mr. Kellison explained concrete block and brick will be used for the enclosure and the gate will be made of angle iron with vinyl deck board over that. Boardmember Wise asked the plans for the sign. Mr. Kellison responded that the base for the sign will be constructed of the same materials as the building, with the same colors as the soffits used for the aluminum on the sign so that it will be complementary. Boardmember Shankar asked if all of the mechanical units are internal. Mr. Kellison responded that there will be two condensing units similar to a residential location located on the south side of the building so they will not be visible from the street and the furnaces are located inside similar to residential. Mr. Kellison said the gas meter will be on the north side of the building and the electrical transformer will be in the front of the building to the side of the entry and the meters will be inside the back of the building. Mr. Kellison said there will be precast concrete rnaterial under the windowsills and medallions placed in the corners around the building. Boardmember Olson asked if soil borings have been done. Mr. Kellison responded that soil borings have been done and there needs to be some soil correction and they are prepared to do that. Ms. Olson said drainage issues are her main concern with this property and it appears that those issues are being worked out with the engineers. Boardmember Demko asKed if lighting is planned for the exterior of the building. Mr. Kellison responded that soffit lights will be installed on the sides of the entry door that will be shining directly downward. Boardmember Demko asked if this property would have a right-hand-only turn on White Bear Avenue. Planner Ekstrand responded that this has been a requirement of some of the larger developments on White Bear Avenue, but the smaller developrnents have not gotten this requirement from the county. Boardrnember Shankar asked if the shingle sample was multi colored. Mr. Kellison said the small sample size on the board does not truly show the colors, but the shingles are multi colored. Boardmember Demko said he likes the design and it will be an attractive addition to the neighborhood. Boardmember Shankar agreed saying it is a sirnple, elegant building. Carol Guzzo, 1876 County Road C East, asked if this will be located next to the car wash. Planner Ekstrand explained on the overhead where the building is located in relation to the car wash. Ms. Guzzo said she gets runoff on her back property that is west of the car wash property when it is snow plowed. Planner Ekstrand said he would relay this information to the engineering staff and ask them to call Ms. Guzzo and look at her property. Community Design Review Board Minutes 02-10-2009 3 Boardmernber Olson asked if there were plans to develop Parcel 2, since that is deer corridor in the area. Mr. Kellison responded that they are looking for users of that property and it will be sold if a compatible user is found. Carol Guzzo asked how they plan to sell the property and get to it. Mr. Kellison said there was a dedicated road that is now part of the property that is the designated access for the property. Boardrnember Shankar moved to approve the plans date-stamped January 15, 2009 for the proposed Mogren Office Building. Approval is based on the findings for approval required by ordinance and subject to the developer doing the following: 1. Repeat this review in two years if the applicant has not obtained a building permit by that time. After two years this review must be repeated. 2. Corn ply with the requirements of the engineering report by Jon Jarosch dated January 12,2009. The applicant shall submit the required agreements for runoff and rainwater garden rnaintenance as detailed in this report before getting a building permit. 3. Providing a revised/updated shared driveway-access agreement between the owner of the proposed site and the owner of the abutting property at 2607 White Bear Avenue. 4. Plantings in the rainwater garden shall be subject to the approval of Ginny Gaynor, Maplewood Naturalist. 5. Provide a design plan for the trash enclosure for staff approval before getting a building permit. The trash enclosure shall be brick on all sides to match the building with a 100 percent opaque gate made of materials compatible with the building. 6. Provide a stop sign at the driveway exit onto White Bear Avenue. 7. The applicant shall install in-ground lawn irrigation in all landscaped areas. 8. The landscaping plan shall be revised for staff approval to include additional trees if, once the tree-replacement formula is applied, it is deterrnined that additional trees are required. 9. All work shall follow the approved plans. The city planner may approve minor changes. 10. The proposed pole-rnounted site light shall comply with the 25-foot height maximum. The proposed pole light in the parking lot shall be designed so the lens and bulb are recessed or shielded to avoid nuisance complaints. 11. Before obtaining a building permit, the applicant shall provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of completing landscaping and other site improvernents. An irrevocable letter of credit shall include the following provisions: a. The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of the developer's agreernent. Comrnunity Design Review Board Minutes 02-10-2009 4 b. The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. c. The letter of credit shall be for a one-year duration and must have a condition indicating autornatic renewal, with notification to the city a minimum of 60 days prior to its expiration. 12. Applicant shall try to match the color of the shingles as represented in the rendering submitted to the board today. Boardrnember Olson seconded Boardmernber Wise suggested a friendly amendment to add the following requirement: 13. Applicant shall be required to provide a monument sign plan for staff review reflecting the same or similar materials and colors as the proposed building. The friendly amendment was agreed to by Boardrnembers Shankar and Olson, who rnade the rnotion and second. Boardmember Olson said she wants staff to make sure the city engineer to work closely with the developer to ensure that all drainage issues are resolved. Planner Ekstrand said he will relay that message to the engineering staff. Ayes - all The motion passed. VI. UNFINISHED BUSINESS None VII. VISITOR PRESENTATIONS None VIII. BOARD PRESENTATIONS a. January 26 City Council Meeting Representative: Ananth Shankar reported on the meeting. IX. STAFF PRESENTATIONS a. 2008 Cornmunity Design Review Board Annual Report Planner Ekstrand presented the staff report for board member review of the draft annual report. Boardrnember Olson moved approval of the 2008 Cornmunity Design Review Board Annual Report as presented. Boardrnember Shankar seconded The motion passed. Ayes - all Cornrnunity Design Review Board Minutes 02-10-2009 5 b. Update on Board Member Appointments and Election of Officers Planner Ekstrand explained Matt Ledvina was reappointed to another two year terrn. Boardmember Olson said she would not be seeking reappointrnent in 2009, but she would continue to serve until a replacernent can be appointed. Boardmember Demko said he is considering a move out of the city, but will notify staff in the next week or two. Boardmember Olson suggested Matt Wise as chair and Ananth Shankar as vice-chair and it was agreed to reconsider this issue at the next meeting when all board rnembers are present. c. Amendment to the Rules of Procedure Planner Ekstrand presented a report on board rules of procedure frorn environrnental planner Shann Finwall. Planner Ekstrand said the only change proposed is the revision of the special meeting notification from two days to three days to corn ply with state law. Boardrnember Shankar moved to adopt the changes proposed to the Cornmunity Design Review Board rules of procedure. This change will rnodify Section IC (Meetings) to be consistent with the Minnesota Open Meeting Law which requires 72 hours notice for special meetings. Boardmember Dernko seconded Ayes - all X. ADJOURNMENT The meeting was adjourned by consensus at 6:53 p.rn. Agenda Item 5.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Community Design Review Board Shann Finwall, AICP, Environmental Planner University of Minnesota Urban Tree Management Program April 8, 2009 for the April 14 CDRB Meeting INTRODUCTION In 1982 Maplewood adopted an ordinance (Section 38-1) which prohibits planting trees in the right-of-way (boulevard). Maplewood's planned unit development ordinance (Section 44-1039) allows developers to vary from ordinances for developments or subdivisions, including planting trees in the boulevard, as long as the variation leads to a better quality development. These developments are reviewed by the Community Design Review Board and Planning Commission, and approved by the City Council. DISCUSSION In the past few years Maplewood has approved a few large subdivision developments with trees in the boulevards. In general, these trees were planted and maintained by the city as part of the overall public improvements. Tree planting in boulevards by residents or businesses after developments have been approved are strictly prohibited, mainly due to the city's lack of an urban tree program which would require staff and funding to maintain and replace boulevard trees by the city. The University of Minnesota Urban Forest Management graduate class spent their spring semester researching the boulevard tree issue for the City of Maplewood. Attached is the final report prepared by the students and their professor, Dr. Gary Johnson. Dr. Johnson will be present at the April 14 Community Design Review Board meeting to discuss their findings. RECOMMENDATION Review the Urban Tree Management Program report prepared by the University of Minnesota Forest Management graduate class. Be prepared to offer feedback and recommendations on the project during the meeting. Attachment: U of M Urban Tree Management Program Report At\qL~rI'\(?{rt I City of Maple wood, Minnesota - Boulevard Tree Plan Report Compiled by: University of Minnesota, Department of Forest Resources Urban Forest Management Class, FR 4501/5501: Hannibal Hayes, Zach Hylinski, Joe Larson, Jeff Martin and Philip Potyondy. Gary Johnson, Instructor April 7, 2009 I. Introduction and Background. II. Site Criteria. , m. Design Criteria. IV. Resources V. Glossary I. INTRODUCTION AND BACKGROUND "The muddle (i.e., confused mess) of the boulevard trees... is a subject worth rubbing into the sensibilities of the citizens who are supposed to take some interest occasionally in the more general affairs of the community. (note: The proposal for boulevards trees was denied by the mayor, despite the support of the community, fouqimes over the past two years) Authority for the work contemplated was to be vested in the Parks Department, which seemed to be the proper agency to carry out such a law, but no provision for the expenditure of money. . . was made. Had this bill become law two years ago and had any reasonable, intelligent effort been made to make available its provisions, it is safe to say that the unfortunate muddle ofthe trees... could have been avoided or at least ameliorated. What is needed only is that thl's, like any other work worth doing, should be well done. First is required a carefully selected young nursery-raised tree, sound, shapely and with good roots; next an ample provision of soil for the support of the trees and (finally) the work of planting and protecting the tree.. . (be) properly done." John Culyer, New York City to the City of New York, October 4, 1900. (This letter was published in the New York Times on October 7, 1900. John Culyer was a member of the New York Tree Planting Association.) ROW vs. Traditional Boulevards Boulevards (originally termed "tree lawns") are defined as the space between the outside edge ofa street and/or curb and the city/state Right-of-Way (ROW) property line. Boulevards mayor may not include sidewalks; however, if they do, the boulevard is then commonly considered the area between the public sidewalk and the inside of the street or street curbing. Benefits of boulevard trees or street trees have been documented in a number of perspectives, but specifically the Midwest has been the site and source of many surveys and community forestry analyses. Documented benefits include the more difficult-to- 1 measure, yet critical community benefits. Of those, the, most notable benefits relate to health (decreased healing times for hospital patients), education (higher youth academic scores, higher academic involvement with youth), decreased crime and increased safety (literally, lower incidences of violence in canopies versus barren housing developments), increased economic development (higher retail rates for businesses near public tree canopies) and greater community empowerment and involvement. Not all social/community benefits are as measurable. The everyday natural surroundings of an urban forest provide a deep emotional, almost spiritual attachment to the trees and community for many people. Often, families plant trees in memory of a loved one or as a family project. As the family grows, the tree grows. Community involvement in public tree planting helps develop a stronger link between the involved citizens and the community, nurturing a sense of community pride and citizen ownership. Environmental benefits from urban trees are more common, objective and well- documented than some of the social benefits. In a recent urban tree assessment and evaluative study conducted in Minneapolis, environmental benefits. were found to be consistent with other cities in the Upper Midwest.' Mature and healthy trees offer a range of environmental benefits that can be measured, can be translated as dollars earned or saved. For instance, healthy and mature small trees present an annual dollar behefit range from $3-15/tree. For medium sized trees, the benefits range from $4-34 per tree per year, and for large, mature trees, the range is $58-76. Big, healthy, mature trees return big benefits. Status of Boulevard Tree Ordinances or Policies in the TCMA A review of the on-line versions of boulevard tree ordinances or policies for communities in the Twin Cities Metropolitan Area (1:CMA) revealed that most communities had a boulevard tree plan on record. These plans ranged from detailed and comprehensive tree selection, placement, planting and subsequent care (e.g., West St. Paul, St. Paul, Eagan, Chanhassen, Minnetonka, St. Louis Park, Farmington, Hastings, Apple Valley), to communities that either ban boulevard trees (Bloomington) or place part ofthe responsibilities on property-owners (Burnsville). In most communities, developed boulevard tree programs are imbedded in larger, more comprehensive urban forestry programs. n. SITE CRITERIA Site Preparation -Impact of soils Soil test. Prior to selecting species for the various boulevards, a soil test shall be conducted to determine organic matter content, pH, and amount of soluble salts in particular. All of these soil characteristics will affect the species selection. Drainage and Compaction tests. Percolation test - dig a hole 24" deep, fill with water and let drain, refill and time how long it takes to drain. Complete drainage within 24 hours indicates a soil with an adequate percolation rate. 2 Portable static cone penetrometer- is a modified,soil probe that measures resistance of a probe when pushed into the ground. A soil with a penetrometer reading of300 psi or less is considered adequate for tree root establishment. Soil amendments. AnYthing deficient should be corrected prior to planting boulevard trees. Organic matter will add nutrients to the soil and help prevent soil compaction. Compacted soils can be moderated by loosening the soil in the area with a tiller, auger, backhoe, or shovel. If soil will be unable to sustain a healthy tree, total soil replacement should be considered. -Grading Trees should only be planted in either neutral or positive grades. Negative grades (depressions) should be amended to improve drainage or not be considered for planting. -Sightlines Trees must not block or obstruct drivers from seeing other traffic, road signs, pedestrians, etc. No branches lower than 6'6" should be planted within sightline , . zones. -Boulevard Widths The amount of space available on a boulevard is an important factor in species selection. Roots will not grow to their full potential ifthey are cut offby sidewalks, curbs, or roads. If trees are placed too close to the road, there is a risk of damage from deicing salt and plows, and d'amage from trucks to the low- hanging branches. A minimum boulevard width (recommended as a minimum of 10 feet) should put into effect in order to ensure the proper amount of room for growth. -Spacing Adequate spacing of trees will reduce the competition for resources (water and nutrients) by tree roots, resulting in weakened trees. Consider the mature size of the tree in your spacing plan. Minimum spacing for a mature large tree is 25 feet. Costs Associated with Site Preparation It should be expected that inspecting and researching soil types, sightline considerations, boulevard widths, and spacing will all come at an expense associated with employee payroll. These costs are essential to the health and longevity of the selected tree species, and should be considered in the overall budget of a boulevard tree program. Approximated site preparation labor and materials expenses can be calculated l,Ising one oftwo available resources: 'Landscape Data Manual' or "Kerr~s Cost Data for Landscape Construction." These manuals break down site preparation requirements such as soil loosening and equate them to a range of required labor hours or machinery hours. 3 Costs vary greatly depending on the condition of the planting site, the size and spacing of plant materials and general site access. It is recommended that all site preparation and planting of trees be contracted out to qualified landscape installation contractors on a low-bid basis. It is recommended that the City of Maplewood contact the Minnesota Department of Transportation and obtain a current copy of the "Inspection and Contract Administration Manual for MnDOT Landscape Projects and use these criteria for establishing low-bid contract specifications. I Street Proximity and Minimum Boulevard Widths I 'As specified under 'site pr~paration', adequate spacing and distance from street to tree are integral to the health and sflfety of any tree. Therefore, it is recommended that a minimum boulevard width (10 feet) be enacted on any new boulevard in order to promote proper root grbwth and tree health. In the absence of a formal b<?ulevard, a minimum distance of 16-18 feet from the inside edge of the street curbing should be advocated on residential-lined streets (this allows for the future option of a 10 foot wide boulevard, a 5 foot wide public sidewalk and a safe distance of approximately 3 feet from the previously installed tree; this distance will minimize any damage to the trees' root systems from the installation of the hardscapes). For arterial streets not lined with residential properties, move the trees as far away from the edge of the street as possible.' Planting Specifications - Tree Size A minimum size of 1 Y4" to 2" caliper tree, either bare-rooted, containerized or balled and burlapped (B&B). -Inspect tree Prune out any dead or broken branches and codominant leaders. Do not prune species during their insect and disease susceptibility periods during the growing season. For" example, do not prune oaks during the spring and summer because of the increased chances of spreading oak wilt. Uncover the root flare in order to avoid "planting" the trees too deep. Deep planting leads to a decline in tree health and the development of stem girdling roots (SGR). These (SGR) will eventually strangle the tree causing death or a unstable hazardous tree. Also remove any damaged or circling roots around the root ball. -Digging the hole Hole size needs to be twice the diameter and the same depth as that of the root ball. If the tree is being planted in poorly drained soils the root ball should be planted a few inches above soil grade. Organic matter can be added at this time if required. 4 -Planting Trees should be planted straight and stable. If the trees require additional support . . from stakes, only install as necessary. It is recommended that the staking specifications as provided in the Mn/DOT Inspection and Contract Administration Guidelines be followed. Back fill the planting hole making sure to compact the backfill soil every couple of inches. Finally, mulch an 18 inch (or greater) radial ring, 4 inches deep around the tree but do not cover any of the stem with mulch. -Ongoing Maintenance 1.5 gallons of water should be given for each diameter inch of the trunk. Watering frequency will vary in accordance with soil type, boulevard width, weather conditions, etc. SightIine Safety Consideration: Set back low vegetation (shrubs and grasses) from roads and intersections. For instance, Minneapolis guidelines states no boulevard plantings above 36" except in sightline zones (such as intersections), where they may be no taller than 18". Sightline zones are defined in Minneapolis as 40'from a road intersection ~nd 5 'from a driveway or alley. Utility Consideration For overhead utility considerations see "Plant Size" below. Do not plant above buried utilities. The further a tree is planted away from buried utilities the less likely it is to sustain h~rmful root damage during utility maintenance. For instance, Concord MA recommends planting a minimum of 1 0' away from buried Z!tWties and a preferred distance of 20' (see Concord reference). Distance from light posts and hydrants To avoid root damage from utility maintenance, do not plant trees close to light poles, hydrants, etc. . For instance, ConcordMA recomends a minimum distance of 10' , Choose from Large Trees (over 50 ft.) and Medium Trees (26 - 50 ft.) so that the crown can eventually be raised above the light. If desired, use plantings for the "Non-tree Boulevards" Scenario near light posts and hydrants. Spacing With the goal of continuous tree canopy, we recommend plant spacing that is relative to tree canopy size. In urban forests a good rule of thumb is to assume a tree will achieve 2/3 mature canopy height and spread as it would in ideal/natural environments. Risk Management A boulevard tree program must be integrated with the community's overall risk management plan for the urban forest. Boulevard trees must be community assets and 5 like any other infrastructure asset, they should be monitored on a regular basis for early detection of defects that may be classified as tree hazards. A defect mayor may not indicate the need for immediate action. A hazard is the determination that a defect could cause a failure that would damage or injure private or public property, infrastructure such as utility lines or injury to people. Risk assessment is the likelihood that the hazard would happen and the degree of damage or injury that is most likely. Risk management is the orderly process of monitoring, predicting and preventing hazards from developing and causing damage or failure. Risk assessment and management of boulevard trees is no different than any other public infrastructure such as buried or suspended utilities, street lights or public sidewalks. It is, however, unique in that it is an evaluation of biology and physics in many cases and needs to be conducted by qualified personnel on a regular basis. m. DESIGN CRITERIA Note: "Typical" Scenarios. All design criteria are organized into "typical" design scenarios and are intended to provide flexible guidance. A. Ril!ht ofwavl Green easements Plant Size. Options: Large Trees (over 50 ft.), Medium Trees (26 - 50 ft.), Small Trees (under 25 ft.), Shrubs (if setback from road sides and intersections). Suggested: Large Trees (over 50 ft.) If over head lines are present: , Options: Only plant trees with maximum expected heights that will not reach the height of the lowest overhead line. Suggested: The largest tree that will not reach the height of the overhead lines. Examples: High power lines (primary distribution lines) 45-50 feet high use Medium Trees (26 - 50ft.) or Small Trees (under 25ft.) LoW power lines (20-25 feet) use Small Trees (under 25ft,) Specimen vs Copse Both specimen and copse (groupings 00 or more trees) planting is appropriate. Suggested: Plant in groupings where possible. Set-Backs Within the recommended 10 foot wide boulevards, trees should be set back a minimum distance of 4 feet. This allows some flexibility of placement within the 6 boulevard (e.g" different species oftrees can be "centered" between 4 and 8 feet from the street curbing). B. Non-Tree boulevards (less than 8') Plant Size. Note: We do not advise planting trees in boulevards that are under (8 feet) wide. Options: Shrubs that are either under 30 inches tall or on a reasonable tri~ming cycle (no less than one year) that sustains 30 inches or less in height; or ornamental grasses/herbaceous plarits that grow to less than 30 inches tall at maturity. No special consideration if over head lines are present. :~ Specimen vs Copse Group planting will have the largest visual impact and will also be the most healthy. ' C. Tree boulevards (l!reater than 8') Plant Size Options: Large Trees (over 60 ft.), Medium Trees (26 - 50 ft.), Small Trees (under 25 ft.), Shrubs (if setback from road sides and intersections). Suggested: Large Trees (over 60 ft.) and Medium Trees (26 - 50 ft.) If over head lines are present: Options: Only plant trees with maximum expected heights that will not reach the height of the lowest overhead line. Suggested: The largest tree that will not reach the height of the overhead lines. Examples: High power lines (primary distribution lines) 45-50 feet high use Medium Trees (26 - 50ft.) or Small Trees (under 25ft,) Low power lines (20-25 feet) use Small Trees (under 25 ft.) Specimen vs Copse Both specimen and copse planting are appropriate. Suggested: There may be limited locations for this but plant in grouping where possible. 7 D. Median strips I rotaries / roundabouts .,' Plant Size Note: Where possible do not plant turf in these areas in order to minimize mower and trimmer damage. Options: Large Trees (over 60 ft.), Medium Trees (26 - 50 ft.), Small Trees (under 25 ft.), Shrubs (if setback from road ~ides and intersections). Suggested: Roundabouts: Use the entire range of plant sizes to create a mass of plantings with a large canopy size. Use large trees in the center, and smaller trees and shrubs on the outside. Also incorporate understory vegetation. Median Strips: If sight lines from one lane to another are not needed, plant in a dense manner using large trees and shrubs or grasses below them. If over head lines are present: Options: Only plant trees who's maximum expected height will not reach the height of the lowest overhead line. Suggested: The largest tree that will not reach the height of the overhead lines. , Examples: High power lines (primary distribution lines) 45-50 feet high use Medium Trees (26 - 50ft.) or Small Trees (under 25ft.) Low power lines (20-25 feet) use Small Trees (under 25ft.) Specimen vs Copse Both specimen and cop,se plantil!g is appropriate. Suggested: Plant in grouping where possible. E. General provisions and notes: Design guidelines General boulevard/street tree design guidelines are provided in "The Road to a Thoughtful Street Tree Master Plan: A Practical Guide to Systematic Planning and Design." The electronic version is accessible from the University of Minnesota Forest Resources Extension web site. Provision for existing trees (Canopy preservation) Preservation of existing trees is of primary importance. Existing trees, if in acceptable health and condition take priority over new plantings and spacing should be adjusted accordingly. 8 Traffic calming Reduce spacing near intersections to give an impression of a faster rate of speed to drivers which tends to reduce the speed of traffic. Example: If the typical spacing of trees on Maplewood's boulevards is 35 feet, plant trees 20-25 feet on center in areas where a slower traffic speed is desired. The rapid frequency of tree trunks has a psychological effect that causes the driver to feel that they are driving faster than they actually are. Future Development Review planned widening projects and either plant trees knowing they will be removed (perhaps fast growing trees) or don't plant in areas of future development. Green Easements Green Easements have been used successfully in many communities notably Concord, MA. The benefits of "Green Easements" include: . Avoidance of utility conflicts . Avoidance of confined planting space (2-3 foot wide boulevards) . Avoidance of damage to hardscapes, such as curbing . Better rooting area (more area and away from deicing salts) One Sided Skinny Sidewalks Advantages of "One Sided Skinny Sidewalks" over two sided sidewalks: , . Less run off . Less maintenance . Less tree root damage from construction Placement Options: . One sided skinny sidewalks should be placed a minimum of 8ft from the roadway to ensure a boulevard which can sustain large trees. . Sidewalks should be placed directly next to the roadway. F. General Desil!n Criteria Guidelines: Species Selection , It is recommended that species distribution and selection be accomplished by using plant selector software such as the Minnesota Department of Transportation's "Plant Selector," available on the Mn/DOT web site. Species should be selected based on the site criteria (e.g., proximity to deicing salt spray) and reviewed by the City's horticulturist and tree advisory board. 9 The development of lists of "acceptable" or "unacceptable" species is not recommended. Lists of these sorts arequickly outdated and tend to escape periodic revisions. RESOURCES Benefits of Boulevard Trees Social http://www.biolog,v. duke. edu/wilson/EcoSvsServices/papers/GreenAmongtheConcrete. p , df Economic b!1Pjjgr~~!Dc<!lb!~HDLQrgLgr!;~rr:iDfrll~tructJJr.!< http://nrs.fs.fed.us/pubs/rb/ne rbl66pdf (Assessing Urban Forest Effects and Values, the Minneapolis Urban Forest) Site Analvsis Testing Soil Compaction or Soil Compaction http://www.gemplers.com/tech/compaction.htm http://www.multiquip.com/multi qu i p/pdfs/product -brochures/S oil-compaction- 2004- handbook.pdf http://soils.usda.gov/sqi/publications/files/sq nin l.pdf Testing for Soil Characteristics http://www.soil s. u mn. edu/ academi cst classes/ soi12125/ ht!njj'y{\w!~-9il s. umrr&du/ <)."ad ~Jnig~/ clll1!.~~.~6!Q.i17175/ d_9.YJ!~Q!tQ:t~ htill http://soils.usda.gov/sqi/assessment/files/bulk density Sq physical indicator sheet.pdf http://soils,usda.gov/sqi/assessmentlfiles/infiltration Sq physical indicator sheet.pdf http://soils. usda. gov/sqi/assessment/files/test kit complete. pdf http://soils. usda. gov/sqi/assessmentltest kit.html ht!Idb.Qils.,.\l.1!dll"gQYL\!.~~\!Ihan.l.g.9}'!nl@d.slnnmSlI(fQJJlJlrrt.irrg),J1df http://www. umass. edu/urbantree/mla. pdf Urban, James. "Bringing Order to the Technical Dysfunction within the Urban Forest." Journal of Arboriculture 18(2) 1992: 85-90. Comprehensive Tree Resources http://www.treecanada.calpro grams/urbanforestry/ cufnlresources bm P. html# T oc 1267 53 Rl.. http:// cityofdavi s. org/ cmo/ citycode/ chapter. cfm? chapter=3 7 http://na.fs.fed. us/watershed/pdflUrban%20W atershed%20Forestry%20Manual%20Part %Z_03.P-df http://www. umass. edu/urbantree/mla. pdf 10 Sam ole Community Forestry Sites http://www.stlouispark.org/homeowners.htm#341 0 http://www.ci.minnetonka.mn.us/public works/natural resources/forestry. cfm http://ciandover mn. us/index. aso?Tvpe=B BASIC&SEC=% 7BA3 A 7DOAC-B87E- 43A5-9FB3-7BF7DA907722% 7D&DE=% 7BD725CF79-6AF8-4509-BB31- OA34}12CQ!!CA'Yo 7.R http://www.ci.fergus-falls.mn.us/pdflParkPlan/ AppendixB- ApprovedTreesFinal. pdf http://www.ci.maple-grove.mn.us/fil estorage/14 3/199/5 64/TreeSiteSel ection. pdf Other communifV websites: , http://www.stlouispark.org/homeowners..htm#3410 http://www.isa-arbor.com/pub Ii cations/ ordi nance. aspx http://www.ci.minnetonka.mn.us/public works/natural resources/forestrv.cfm b!!I1.!L~,_\iJ~rg\!~_cf1l11i>JTI.lg!~_<L~1!f]g'1!ln/Ap.ps;D.giJ.Q2.::ApJ?r.Q'y_~dTrees:ti!1'!L.[lQ.f http://ci.andovermn.us/index. aso?Tvpe=B BASIC&SEC=% 7BA3 A 7DOAC- B87E- 43A5-9FB3-7BF7DA907722%7D&DE=%7BD725CF79-6AF8-4509-BB3] -' Q.A343 i 2C012_CA% 7D Desil!D Placement http://www.forestrv.umn. edu/extension/urban com/Street%20Tree%20Manual.REVlSE D 2008.pdf(or, type in Forest Resources Extension, go to the web site and click on The Road to a Thoughtful Street Tree Master Plan," under Hot Topics, left side column) http://i oa. isa -arbor com/request. asp?J ournalID= 1 &Articl eID=2609&Type=2 http://www.umass.edulurbantree/mla.pdf Trees Near Power lines b!!p.://'@'YO)}nP'Qw.e;eL~QmLtre;e~bQQ.IY1B~_e;eL[tJ]11illg,gif htto:l/www.umass.edu/urbantree/mla.pdf http://www.dec.ny.gov/lands/27731.html bl1P;LL~f]ectrf.~"YJllI29JY"f.d_\)j\!1ilily:,uee ~?;'Q!!.~~l<!1lJlQ http://www.ci.fergus-falls.mn.us/pdflParkPlan/ AppendixB- ApprovedTreesFinal. pdf Green Easements http://www.dfr.state.nc.uslUrban/urbangreeninfrastructure.htm hllpj,lg[f~!1"1!L@Jl".<;!!LQlg(.gL~en- in_fr!!.glliQ!mS; http://extension. osu. edu/-news/ storv. ohp?id=3059 http://www. biology. duke. edu/wilsoniEcoSysServi ces/papers/GreenAmongtheConcrete. p g,f http://www.usgbc.org/Docs/Archive/MediaArchiveI703 Bunster -Ossa P A3 55. pdf http://www.dill.state.mn.us/forestry/easement/easementrequirements.html 11 Tree Selection General Tree Selection http://dotapp7.dot.state. mn. us/plant/ http.//www.ci.fergus-falls.mn.us/pdf/ParkPlanl AppendixB- ApprovedTreesFinal. pdf lrr1rd!www_,_~tlQJli~PJ![kJ2T-&iF~pJ1L~~jE.il~.LRE.c_QMMEl'!DE)2(i::92QIREES%lQFOR%~QS- T.pdf Dutch Elm Disease Resistant Elm http.//www.tre.umn. edu/current researchlelmslElmsTwinCities-Guide. pdf h11PjLw:\YY{JL~"\lm1L~Qlli,,)JII~!lLr:~~~-'!H,hL~JD:t~iELl!lliIwill{;j!i~~:IlljJkJ;lgf http://www . extensi on. u mn. edu/proi ects/vardand gardenlvgbri efs/p4 25 dutch elm - resistant.html bttp-jjYyw}v"J;2>1~Jl~jQIliil~1<!1~,_~_gJ1lJ'Jlhli_caliQlJliLSJJ]A ,-p-<if Trees for High pH http://www.ci.maple-grove.mn.us/fi lestorage/14 3/199/5 64/TreeSiteSelection. pdf http://selectree. calJloly. edu/? -session=selectree: 806549CF080fI16E28nTH1E83E5F http://selectree.calpoly.edu/attribute search. lasso http://ioa.isa-arbor. com/request.asp?JournaIID= 1 &Artic1eID=261 0&Type=2 http://www.sustland.umn.edu/maint/woodvmaint.html h!1rdL,vww. €<"L~n~iQIL\lm.!l~~dllLdi~trih!J1i9_IJimt!JSJ!lLesoJ!r:cesill:P2:;J2~,btmJ Trees that tolerant to Deicing Salt ht!p)jy.rww"J;2{j_~lJlijQn. u miL edujgi$Jr:i\mtiQ11IJli1tur1!!IT.SOllLcilS/ {12D 14 U,_html http://www.extension.umn.edu/distributionlnaturalresourcesIDD7502.html http://www.ci.fergus-falls.mn.us/pdf/ParkPlanl AppendixB- ApprovedTreesFinal. pdf http://www.mnstac.org/STAlZ003IMNSTAC 03 spring.pdf(not exact, overview of) httD :I/www.saltinstitute.org/content/download/480/2980 ht1P_://~.michig!m$QYL(lQ~I.!mm~Lch1:g_eic~j1L\40_],pJli - - Tree CareIMaintenance General Maintenance "Tree Owner's Manual for Northeastern and Midwestern United States." <http//na.fs.fed.us/pubs/uf/tom/0902,02_tom_hr.pdf.> Nov. 2008. 29 Estimating Costs of InstaIlationlMaintenance The Landscape Data Manual, published by the California Landscape Contractors Association, Inc. 2021 N. Street, Suite 300, Sacramento, CA 95814. Type this title into any search engine for ordering. Multiple sources for purchase. Kerr's Cost Data For Landscape Construction. Unit Prices for Site Development. Norman L. Dietrich, author. Type this title into any search engine for ordering information. 12 Best Planting Practices http~i!WWW.ITI!l~t<l<;.OIg/~J. Al1999/~~Ilr.-p.df http://www.tteehelp.comlhowtolhowto-plant -a-tree. asp http://www.forestry. urnn. edu/extensionlurban comlPlanting/How%20T 0%20Plant%20a %20TreeFINAL.odf http://www.forestry. umn. edu/extensionlurban comlPlanting.html hllpjL!)AJ5.f~d. us'/:w..,jJ.mb.~qLp.dflJlrpa!l'Yo2QW.<!t~Ish~_d%2QFoL~.~.tIY-%;?QMa.!Jllal%;?O~~rt %203.odf Best Pruning Practices http://www.mnstac.org/ST Al1999/99spr. pdf http://www.forestry.umn.edu/extensionlurban comlPruning.html http://www.na.fs.fed.us/spfo/pubs/howtoslhtorune/prunOOl.htm htto ://www.treecanada.calprograms/urbanforestry/cufnlresourcesbmp.html# T oc 1267 5 3 337 Mulching Trees & Shrubs hllP-;/ /w.wv. !ll!l stll.f"Qxg[.sr.AL1999/92.~p.u~df http://www.forestry.umn.edu/extensionlurbancom/MulchingComposting.html http://www.sustland.umn.edu/maint/evergreen.html#3a htto ://www.utextension.utk.edu/publications/spfiles/SP617.pdf http://www.sustland.umn.edu/implement/trees turfhtml b.ll11 ://www .d.ur. ~tate. mlL\!5itreecare,/woodcl:!ips/in de&b.tml htto://www.sustland.urnn.edu/maint/mulching.html http://shadetreeexpert. comlmul ch. html Risk Assessment and Management Urban Tree Risk Management; published by the U.S. Forest Service. http://www.na.fs.fed.us/spfo/pubs/uflutrmml Minnesota Law and Trees httll ://yyww, forest!)':JJID1!~edu'/~--,,1.~llliiQl1L.lliQ1!.!J~ coJTILMin]!esolM&Wsiilld..Trees. html V. GLOSSARY Boulevard: Loosely regarded as the "tree lawn." Public greenspace in the right of way that mayor may not contain a sidewalk as the inside boundary of the boulevard. Defects: Reference to tree condition that makes the tree or tree part more likely to fail. For example, weakly attached branches, root systems that have been cut. Green Easement: The city-owned right of way in a residential front lawn that can be used for the placement of "street trees." Said trees are considered the pr~perty of the city unless otherwise stated. Hazard Trees: Trees with defects that could cause damage to people or property (targets) if the defects caused a failure of the tree or tree parts. 13 Percolation Rate: A measure ofthe drainage rate of a landscape soils. An acceptable percolation rate for trees is a hole 24 inches deep filled with water will completely drain within 24 hours. If after 24 hours some level of water remains in the hole, the soil is termed poorly drained to some degree and the selection of plant material for that area must be limited to trees that perform well on poorly drained soils. Right of Way: The citycowned portion ofa residential lawn that allows the city to maintain its infrastructure such as buried utilities. , Risk Management: The development of a protocol for the regular monitoring and assessment of urban trees for their hazard potential, and the development of a prioritized managrment program to reduce the likelihood of damage due to tree hazards ,to an acceptable level of risk. Common management tactics include removal of low- hanging branches over sidewalks and tree preservation plans that restrict the degree of construction damage to existing trees. Sight Lines: The area at intersections that must remain open and clear to observe on-coming traffic or pedestrians. Sight lines must be clear of tall vegetation, low tree branches, signage or any other public or private infrastructure. Urban Tree Program: A comprehensive management program that includes but is not limited to: community tree design master plan, planting and selection guidelines, tree and urban forest health management policies, tree preservation plans and risk assessment and management plans. ' 14 100% Petition for Boulevard Trees , We, the undersigned, being the owners of all of the real propertY abutting upon the following street, alley or public way between the points indicated: (Development/Addition Name) hereby petition the City Council of Moorhead, Minnesota, to undertake without a public hearing under Minnesota Statutes, Section 429.031, the following improvement along said street, alley or public way: , Installation of Boulevard Trees in (Development/Addition Name) and to assess the entire cost thereof against our property abutting said improvement based on benefits received without regard 'to cash valuation. I Signature of Owners' Address Date 1. Owner Name 2. Owner Name 3. Owner Name 4. Owner Name 5. Owner Name 'Property owned in j oint tenancy must be signed by each owner. LEGAL DESCRIPTION OF ALL ABUTTING (Legal Description of Property) * * * * * * * * * * * * * * Reviewed and Approved by City Engineer's Office this _ day of ,20_. Assistant City Engineer I hereby certifY that I have examined the above petition and appropriate real estate records and find that said petition is in proper form and is signed by all the owners of property abutting said improvement. Dated this _ day of ,20_. (SEAL) City Clerk City of Moorhead \\moorhead.cty\homes\rokke\temp\Petition _Blvd _ Trees.doc =c ~<;~ E ] ~> ~ L. r; ,-.-' ,~ ~-:---- ,v.-: ~~ S{:: ~~ 0 ~ 0 v' .'.-~ 0 '1.0 w. '"$ (;j "" ~" ;;.": > 0) "' "".., ;:;>.' ~ L \.-:.~ ~ ~~ <,~, ~] ......; <~ :.':',; ........~ ~ t... <~ 01 ~ ~i *' ~:--~ '-"'; L. '" ~(' .,', <~ "C ;-:-:-:: ~. . . ......" 0 ':;-": .- """'= J== 0 ~ ~ ;1;'; ::}~ - .".-1 <~-:<i '., :J ',<-<; ,,:::::i ~ - {~.;: ':.-:: ,;:;) '"" L ~" ~ ,....::. x~ :;:., m , ;~ ~0 "' ,:".~ 0 -'1''-> m ,,,-,, r:: ........< ~.;n 0- >>' ,. <:5- ~...,,:;> ~h>: '"' O::h ;<." (:1) ., :~ f ,'-, f I.::: " Q.; ,~ 0 . . 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Page 1 of2 City of Wood \,u ry 8301 Valley Creek Road Search Our Site: ," ..~ . . Go! .................................... Woodbury, MN 55125 (651) 714-3500 l:,~.-.=,~.,.J.,....,r....;,t..,'.~.~:..."'...)..,..;.',~...'.:...-~.'....ht<::,:~:.::,..,f....,.~.;~.',:,...~.,'.~,b:..~.;,:.~.....;......~.:,...~"....-...'.j..~.~.;,.....~.,.,.;r.~..:..f..~:f:,.~,:,'.;,:,.;:,:..i,..':;:,.~,,-.}.'...~,!::..~.~~.':,:.:~::'.'.~:..,.:.,f:.i,.:.'..:~.,'~:~:.~::::"..~.::':'.:.~:.'.:,.,~,.f:::i:.:"t.~:[:..:,... ..,..,......,.~.,....:"..',.'."..,...,,',..,','...,.'.,'.".',...:.. ~f:W$f1ftl[filW~ft!~~$~fl;wW'k ~~. ...' .", :~, :~. . ~~_ ~.:- ~ _ . ~ '.. _ :,...,...::_~~,:_;:~ti~~~~E~;:~;~~~E;.;;~:!~~i:~~J: Boulevard Trees Woodbury has policies regulating the use of boulevard and easement areas. The boulevard (the distance from the curb to the property line) is part ofthe street right-of-way. It is used for sewer, water and street installation and maintenance as well as electric, gas, telephone and cable TV lines. The 'boulevard is typically 13 feet in residential neighborhoods. In addition, there is typically a 1 O-foot easement along the front and back property lines and 5 feet on the side property lines. Boulevard and easement areas are designed for public utilities, storm water drainage and the storage of snow plowed from the street. Items such as rocks, posts, trees, etc., should not be placed in these areas. ' Trees that are considered boulevard trees and maintained by the Streets Division are located in the Woodbury Heights, Park Hills, Royal Oaks and Royal Park subdivisions. If the city must remove boulevard trees in these areas, a tree replacement program is available to residents. Remaining sub- divisions within the city have be,en provided front yard trees by the project developer; these are planted behind the boulevard area. These trees are the property owner's responsibility. Before planting trees, residents should check with the Planning Department at (651) 714-3533 to determine minimum setback from the street curb. Lots on st,eet cornels have special requirements for landscaping. Any question relative to this policy for your street frontage should be addressed to the Public Works Department, (651) 714-3720 or publicworks@ci.woodbury.mn.us,orthe Engineering Division, (651) 714- 3593 or engineering@ci,woodbury,mn.us. Sight Obstruction If you notice a sight obstruction at an intersection, such as tree branches or shrubs obstructing the line of vision, please call the Street Division at (651) 714-3720 or e-mail publicworks@ci.woodbury.mn.us. The obstruction will be investigated and, if found to be a safety issue, the property owner will be asked to trim or remove the obstruction. Boulevard Tree Trimming Street Maintenance crews trim trees that interfere with the operation of snowplows, street sweepers, school buses or delivery vans. This is done on a complaint received and time availability basis. ' Boulevard Tree Health Dead and dying trees with Dutch elm disease or oak wilt are removed under the city's Tree Disease Management program. Storm-damaged boulevard trees are trimmed or removed depending on the damage severity. Broken branches are removed to prevent injuries or damage to property. Stumps of removed trees are ground and the site is restored and seeded. No charge is made to the abutting property owner for these services. http://www.ci.woodbury.mn.us/streets/om boultrees.html 3/23/2009 Woodbury Minnesota - Boulevard Trees Page 2 of 2 . Maintenance Strategies for Streets . Potholes . Road Weight Restrictions . Curb & Gutter Problems . Gravel Roads & Dust Control . Seal Coating , . Pavement Marking . Street Sweeping . Boulevard Trees http://www.ci.woodbury.mn.us/streets/omboultrees.html 3/23/2009 City of Apple Valley Page 1 of 1 Natural Resources 1 Departments> Natural Resources> Forestry> Boulevard Shade Tree Guidelines search I contact us city government council committeesl agendas & minutes departments facilities services ordinances elections other government Boulevard Shade Tree Guidelines' Listed below are guidelines that the City of Apple Valley has established for the planting of shade trees on the boulevard. ,1. Young trees should be at least 1 1/4 - 2" in diameter. 2. Trees should be at least forty (40) feet from any existing tree or planting location. news & events current news. calendar of events publications press releases channel 16 3. Tree's minimum distance from an intersection is equal to the speed limit on the roadway as measured by miles per hour (Example: 30 M PH=30 Feet from intersection: 35MPH=35 Feet, etc.). about apple valley ,moving to resident info business info developer info visitor info 4. Trees must be at least fifteen (15) feet from any driveway or approach sidewalk. 5. Trees should be approximately fifteen (15) feet from any power pole, utility shut off, or fire hydrant. employment current openings application 6. Consider overhead and underground utility lines when determining the location of a tree. resources . common questions forms & apps. area map~ links search 7. When no sidewalk exists the trees must be eight (8) feet behind the curb. When a sidewalk exists with an eight (8) foot boulevard, the trees should be centered between the sidewalk and the curb. If the boulevard is smaller than eight (8) feet, the trees should be planted at least four (4) feetto the house side of the sidewalk. Special note: Ornamental trees must be planted at minimum eight (8) feet from the curb regardless of the placement of the sidewalk. Ornamental trees must be placed a minimum of eight (8) feet due to maximum growth potential. . REMINDER: Calf Gopher State One Calf at (651) 454-0002 to have the underground utilities located prior to digging. For more information, call the Public Works Department at (952) 953- 2400. Content updated on: 12-0ct-2001 .*". City of Apple Valley *~. 7100 West 147th street I Apple Valley, MN 55124 ~~'nt (952) 953-2500 I info@cLapple-valley.mn.us f4<l(6 Webslte questions and comments htlp :I/www.ci.apple-valley.mn.us/natural Jesources/forestry /boul evard _trees/ gui delines .html 3/23/2009 ^eM8AJ.lO " ..J ~ ll.l o Uj " o a: ;; ll.l ..J :J o m ., ^F8AJ.lO a C'l Q~J~ Co ~ LO ~ a '<t a C'l I- I:2 n.::J '0 :2w ow C'la.. en Co ~ Co ~ " ..J ~ ll.l o Uj " a '<t a C'l A'v'M3^I~a " go t!U) .JJ!" 0.0 0):0:; :a~ Ojg .s o ~ rr,;:::::;:::;:::;;:;::;;:::{:;:,; ... ~?}Milit~;o;. ,;.,.....-..................:: .:,:==:; >- ~ ll.l > "' o a '<t 2 ~ O:UJ c--' ....;3 OC/) 20 !!J.... a. <l: ::;: City of Apple Valley city government council committees agendas & minutes departments facilities services ordinances elections other government news & events current news calendar of events publications press releases channel 16 about apple valley moving to resident info business info developer info visitor info employment current openings application resources common questions forms & apps. area maps links search Natural Resources 1 Page 1 of2 search I contact us http://www.ci.apple-valley.mn.us/natural Jesources/forestry /boul evard _trees/ suggesti ons.h... 3/23/2009 Departments> Natural Resources> Forestry> Suggested Boulevard Trees ' Suggested Boulevard Trees The following are desirable shade trees that obtain a mature height of 40 to 75 feet: . Ash species (The City discourages due to over planting) o Marshall, Summit and Patmore . Elm (Dutch elm disease resistant varieties) o Independence, Valley Forge and New Harmony . Hackberry . Honeylocust species o Imperial and Skyline . Ironwood . Kentucky Coffeetree: plant male species, do not plant female species due to 8" seed pods . Linden species o American, Redmond and Shamrock . Maple species o Autumn Blaze, Firedance Red and' Scarlet Sentinel (The City discourages Norway due to its round growth form) . Oak species (Not resistant to oak wilt) o Bur and Swamp White . Gingko: plant male species, do not plant female species which are odoriferous ' The following are desirable ornamental trees that. obtain a mature height of 15 to 30 feet: * Special note: Ornamental trees must be planted at minimum eight (8) feet from the curb regardless of the placement of the sidewalk due to their mature width. . Amur Corktree . Blue Beech . Crabapple species (f;ruit bearing) o Spring Snow Crabapple (Non-fruit bearing) . Hawthorn species . Japanese Tree Lilac (Single stem) . Magnolia species . Amur Maple (Single stem) . Redbud . Serviceberry species (Single stem) Agenda Item 6.a. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Tom Ekstrand, Senior Planner Comprehensive Sign Plan Amendment-Ashley Furniture 1770 County Road D April 8, 2009 INTRODUCTION Scott Maciej, of Demar's Signs, is requesting approval of a comprehensive sign plan amendment for Ashley Furniture, located at 1770 County Road D. In 2003, Ashley Furniture proposed two wall signs-one on the south side of the building and one on the northeast corner. These two signs are in place. On September 8, 2004, the owner of Ashley Furniture received approval for a third wall sign on the west elevation at the north end of the building. This sign is also in place. Refer to the sketches. Request The applicant is now proposing to install a fourth sign on the north elevation at the west end of the building. Refer to the detail of the proposed sign. BACKGROUND July 14, 2003: The city council approved the PUD, comprehensive plan amendment, tax- abatement plan and preliminary plat for Legacy Village. The PUD required that "the applicant submit a comprehensive sign plan. One criterion to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height." November 25, 2003: The CDRB approved the Ashley Furniture plans. The two wall signs above the entrances were approved at this time. September 8, 2004: City staff approved two minor design revisions at Ashley Furniture plus the third sign on the west elevation. These approvals were handled administratively and were forwarded to the community design review board and city council for comment. DISCUSSION Signs Normally Allowed by Code The sign code allows a commercial business to have two signs for each street frontage plus one additional sign if the business is located at a corner. Ashley Furniture has three street frontages and would, therefore, be allowed to have seven signs. The comprehensive sign plan overrides this provision, but the sign code can still be considered as a guideline in considering signage for the applicant. Ashley Furniture's Signage Needs Since the store opened, the owner of Ashley Furniture has felt that they have been hindered by the building's close proximity to County Road D. This is because their parking lot and customer entrance is "in the back" and not clearly evident to drivers. Customers have been uncertain about where to find the store's parking lot. The owner would like the additional sign to clearly direct customers to the parking lot on the south side of the building. Conclusion Staff has no objection to the proposed total number of signs. It is beneficial that the applicant has not proposed to install a ground sign along County Road D because that would create sign clutter on the narrow front lawn and block driver's visibility when turning onto County Road D. RECOMMENDATION Approve the revision to the comprehensive sign plan date-stamped February 27, 2009 for the proposed sign on the north elevation of Ashley Furniture, 1770 County Road D. Based on this approval, the allowed identification signs for this building are as follows: 1. The wall sign above the main customer entrance on the south side of the building. 2. The wall sign above the building entrance on the northeast corner of the building. 3. The wall sign on the west elevation at the north end of the building. 4. The wall sign on the north elevation at the west end of the building. For reference purposes, these signs are all shown in the report dated April 8, 2009. Staff may approve minor changes to this sign plan. Major changes are subject to the review and approval of the community design review board as an amendment of the comprehensive sign plan. 2 REFERENCE INFORMATION SITE DESCRIPTION Site size: 3 acres Existing Use: Ashley Furniture Store SURROUNDING LAND USES North: County Road D and Slumberland Furniture Store South: Ramsey County Library East: South lawn Drive and The Myth Night Club West: Future site of the Legacy Shops retail center PLANNING Land Use Plan: BC (business commercial) Zoning: PUD APPLICATION DATE We received the complete application and plans for this proposal on February 27, 2009. State law requires that the city take action within 60 days of receiving complete applications. A decision on this request is required by April 28, 2009, unless the city extends this review period an additional 60 days. After that, subsequent extensions must be by written consent by the applicant. p: sec 3\Ashley Furniture Sign Plan Amendment 3 09 te Attachments 1. Location Map 2. Site Plan 3. Proposed North Elevation Sign date-stamped February 27, 2009 4. Existing South and Northeast Elevation Signs date-stamped February 27,2009 5. Existing West Elevation Sign date-stamped February 27, 2009 3 . -~ --------~- Attachment 1 J :l J . . , ....; ~: , ^ Rh fii z :~\ ~ ~; ~ ~ LEGACY PKWY '" COUNTY ROAD D "' :0 ~ o Z <i ~ "- ~i.~:2 ASHLEY FURNITURE c' 0 . I", o n: z 3 :c f- :0 o "' > , ;... ~ ;:= S~ ,;:~ 3 LoeA liON MAP ~"-----"'--"----------"'- !-L~ "I ~ jpt~nno~oekenm"J I ~tJ~ ,1"""",,'.3 V"h:ro~ p .' fJ tJ ~ ;1; ~ ~ :" r- --L---Fl 30rO I -----..1 ~ . . _ u . , ~! Ji ~ ii ,,~ ~ g"'" ~ =' , . t l .Attachment 2 o = \J.l g N .. 00 ',-",1 Q! (..) 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I\ 'i'- ) u ! o ~ c o ~! ~!~~~~~~~ 2m ~m 6: ~.~~ ~~~ ~~~,_:,"'i -~.. !k> ~.. ""'"'%" :lEo' ~!; ::;; '" 91 3" T Attathment 3 ~ 18' T 41.5" 33.5" -:L -*- H@~;[t@ff~ I8.25" l' 28" -L ~5" I~ 10' ~I ~~ @... ~ 0 w ~l~~ Illli FER 2 7 2009 \ ~j By_ ~:~ .D~ ~~ 410 93" Ave.~VJ Coon Rapld~, MN 55432 763.786.5545 12/08/08 Scott Maciei LOCATION: Maplewood Front Elevation DATE: SALESMAN: These plans are the exduslvi! property of DeMars SIgns Inc,ilnd are the: result of the original work of Its employees, They are submitted to your fIrm for the sole purpose! of your approval,assumlng the slgtlilge will be manufactured by DeMars Signs Inc. Artworkand design may Mt b~ dj~trlbuted outside your firm without written consent from DeMars Signs Inc;, Use of this artwork and/or desIgn wIthout wrltttln c:on.umt Is prohibited: DeMars Signs Im:.umnves the right to pursue legal ilctlotlln violation of this agreement This may lndudtl, but 15 not limIted to:a) Relmbursemc!flt for crtlatlng above drawlng.b} Any ussodatli!d legal fl!l!s, NOTES: -PROPOSED NORTH ELEVATION SIGN Attachment 4 EXISTING SIGNS ON SOUTH AND NORTHEAST ELEVATIONS I~ 18' Attachment 5 .1 T 41.5" T ....L 33.5" -*- '. H@~~t@rr~ ~[f,@[f,nlJJ[f,r~ ~ U~ FER 27 2009 ~ _ ~ I~ 10' .1 ~8.25" -r- 28" + 26.5" ....:!..... /;:;:;~ .D~ ~~ DATE: SALESMAN: LOCATION: Rear Elevation 11/25/08 Scott Maciej Maplewood These plans are the exclusive property of DeMars Signs loc.and aTe the result of the original work of its employees. They are submitted to your firm for the sole purpose of your approval.assuming the sign age will be manufactured by DeMars Signs Inc. Artworkand design may not be distributed outside your firm without written consent from DeMars Signs Ine. Use of this artworkand/or design without written consent is prohibited; DeMars Signs Inc.reserves the right to pursue legal action in violation of this agreement. This may indude,but is not limited to:a) Reimbursementfor creating above drawing. b) Any associated legal fees. NOTES: 410 93rdAve."" Coon Rapids, MN 55432 763.786.5545 EXISTING SIGN ON WEST ELEVATION Agenda Item 7.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Community Design Review Board Shann Finwall, AICP, Environmental Planner Sign Code Amendment Update April 8, 2009 for the April 14 CDRB Meeting INTRODUCTION The city's sign code gives guidelines to businesses and residents for visibility and promotion, and protects the public health, safety, and welfare. Maplewood's current sign code was adopted in 1977, with only minor revisions made since that time. In 2004 and 200S the Community Design Review Board (CDRB) reviewed the sign code for possible amendments. On March 1, 2006, the CDRB recommended approval of a revised sign code. No action has been taken on those revisions to date. This memorandum will update the CDRB on the history of the proposed sign code revisions and will look for recommendations on how best to proceed with the resurrection of the draft sign code review by the city council and the public. BACKGROUND March 1, 2006: After two years of research, review, and public comment, the CDRB recommended approval of the draft sign code. May 8, 2006: The city council held a workshop to discuss the draft sign code. No action or direction was taken on the proposed sign code at that time. December 10, 2007, the city council adopted an amendment to the prohibited sign ordinance which removed prohibited language in order to allow dynamic display signs within the city. August 11, 2008, the city council adopted an on and off-site dynamic display sign code which regulates billboards and outdoor advertisement signs with LED technology. DISCUSSION The city's sign code is over 30 years old with no major revisions since its adoption. The CDRB's proposed revisions to the code in 2006 was an attempt to update the code by creating a more comprehensive signage program for the City of Maplewood based on communicating a message visibly while ensuring the protection of adjacent property owners. No action has been taken on the proposed sign code revisions since the city council's review in 2006. To ensure all of the hard work and effort put into the proposed revisions are not lost, city staff recommends that the sign code changes be brought back before the standing CDRB and city council members for feedback on continuing the process of review for these new regulations. RECOMMENDATION Reacquaint yourselves with the proposed sign code amendments by reviewing the Major Changes, Draft Sign Code, and On- and Off-Site Dynamic Display Sign Code documents attached. Be prepared to give feedback on continuing the process of review for these proposed new regulations. Attachments: 1. Sign Code Major Changes 2. Draft Sign Code (2006) 3. Dynamic Display Sign Code 2 Attachment 1 Major Changes Proposed in the Maplewood Sign Code May 24, 2006 Over the last two years staff has been receiving comments and guidance from the community design review board (CDRB) on the creation of a new sign code. The city's sign code gives guidelines to businesses and residents for visibility and promotion, and protects the public health, safety, and welfare. Maplewood's current sign code was adopted in 1977, with only minor revisions made since that time. Following are the major changes proposed to the sign code: Temporary Signs Temporary Portable Signs: The code currently allows temporary portable signs under 16 square feet to be installed on business property with no permit and no duration or maximum number. Temporary signs over 16 square feet are only allowed with a permit. The permit is valid for 30 days per year, per business. The proposed code would now limit portable temporary signs under 12 square feet to one per property without a permit and signs over 12 square feet to one per property with a permit. These signs can be installed for a maximum of 30 days per year for each property. For businesses with multiple occupants, each separate tenant is permitted one sign under 12 square feet with no more than three signs allowed on the property at anyone time and only one sign over 12 square feet at anyone time. Commercial Window Signs: The code currently allows businesses to place signs in windows not to exceed 75% of the total area of the window with no time duration. The proposed code would allow businesses to place signs in the window not to exceed 30% of the window, for a total of 30 days per year, per sign. Off Site Real Estate Signs: The code currently does not have regulations on the number of off site real estate signs (directional or open house signs not exceeding 3 square feet in area) per street intersection. These signs are allowed from 12 noon until 8 p.m. on the weekdays and from 6 a.m. Saturday to 8 p.m. on the last day of the weekend. The proposed code will limit off site real estate signs to one real estate listing and one real estate open house sign per corner at each intersection, with a maximum of four separate real estate listings and four separate open house signs per intersection. The signs would be allowed within the right-of-way for up to 30 days per real estate listing and the day of the open house for open house real estate signs. Temporary Banners: The current code allows temporary banners up to 150 square feet for 30 days with no limit to the number of banners per business. The proposed code would allow one banner up to 32 or 64 square feet (depending on the zoning district) for up to 60 days per year, per property. No more than one banner may be displayed per property at anyone time, except for multiple-tenant buildings which allow up to three. Opinion Signs: The current code does not have an ordinance regarding signs that express a viewpoint of a non-commercial nature. The proposed code would limit such signs to one per property, up to 32 square feet for residential and 64 square feet for commercial properties. Political Campaign Signs: The city adopted a change to the political campaign sign ordinance in August 2005. The new ordinance applies during local elections only and restricts the number of days that a resident or business can place a political sign prior to an election or referendum from 30 days to approximately 90 days. The CDRB's proposed draft sign code expands on that language to cover special elections. The proposed code allows political campaign signs to be posted for special elections or referendums from the date of filing until ten days following said special election or referendum. Commercial Signs (Areas Zoned LBC, CO, NC, BC, BC-M, M1, and M2) Wall Signs: The current code allows wall signs up to 20% of the gross wall area on which it is attached for all commercial areas. The proposed code would change the calculation of wall signage allowance in the BC, BC-M, M1 and M2 districts to the gross square footage of the principal structure on the property as follows: Principal Structure Gross Sq. Ft. of Maximum Size and Coverage Area of Each Floor Area Sign Less than 10,000 sa. ft 80 sa. ft. or 20% of wall face, whichever is less 10,000 to 20,000 sa. ft. 100 sa. ft. or 20% of wall face, whichever is less 20,000 to 100,000 sa. ft. 150 sq. ft. or 15% of wall face, whichever is less Greater than 100,000 sa. ft. 200 sa. ft. or 10% of wall face, whichever is less The proposed wall sign code for the LBC, CO, and NC districts will remain 20% of the gross wall area on which it is attached. Freestanding Signs: The current code regulates freestanding sign size and height within the BC, BC-M, M1, and M2 districts based on the size of the lot and setback of the sign. The maximum freestanding size allowed is 300 square feet and the maximum height is 50 feet. The proposed code will base the size of freestanding signs on street classification of the closest street to which each freestanding sign is located as follows: Classification of Maximum Sign Maximum Height of Maximum Height Street Size (sq. ft.) Pylon (feet) of Monument Sign (feet) Princioal Arterial 180 25 12 Minor Arterial 140 20 12 Collector Street 100 15 10 Local Street 80 12 10 The current code allows freestanding signs within the LBC, CO, and NC up to 80 square feet and 25 feet high. The proposed code will allow a maximum of 64 square feet and 10 feet high. Billboards The current code allows billboards in commercial areas with a sign permit. The proposed code would allow the use of billboards only with the approval of a conditional use permit. In addition, they may only be located adjacent to a principal arterial street in the SC, BC, M-1, and M-2 districts and must maintain a distance of 250 feet to a residential district or 800 feet to a residence. Comments Regarding the Proposed Sign Code Please direct any comments or concerns you have regarding the proposed sign code to Shann Finwall at (651) 249-2304 or shann.finwalllalcLmaplewood.mn.us 2 Attachment 2 CITY OF MAPLEWOOD DRAFT SIGN REGULATIONS Recommended for Approval by the Community Design Review Board on March 1, 2006 Item in Italics Represent One Revision Made by the CORB on July 25, 2006 Items Underlined and in Italics Represent Staff's Notes for Final Version Paul Merwin, senior land use attornev with the Leaque of MN Cities Insurance Trust. states that citv siqn codes should be reviewed for the followinq: What the siqn savs shouldn't be relevant to whether the siqn is allowed (i.e., commercial versus noncommercial messaqes) - Ensure siqns are not treated differently based on the type of messaqe they deliver or who is statinq the messaGe. Limits on commercial siqns (f.e., temporary commercial siqns) should be the same as limits on political siqns. Ensure the city has broad discretion to deny applications for siqns based on imprecise or "other" information. Ensure there is not a specific list of permitted siqns and a blanket prohibition on anv non-permitted siqns. Purpose and Intent The purpose of this chapter is to establish a comprehensive and impartial system of sign regulations that balances the needs for effective visual communication including business identification and the needs for a safe, well-maintained, and attractive community. It is intended through the provisions contained herein to: (a) Promote signs which by their design and dimensions are integrated and harmonized with the surrounding environment and the buildings and sites they occupy. (b) Protect the public from damage or injury caused by signs that are poorly designed or maintained and from signs that cause distractions or hazards to motorists and pedestrians using the public streets, sidewalks, and right-of-way. (c) Avoid excessive signage in order to give each business or use optimum visibility to passer- by traffic and prevent cluttering of the streets cape. Comprehensive Sign and Mural Plans A comprehensive sign plan shall be provided for the following: (a) Business premises with (5) or more tenants on the premise and all multiple-story buildings with (2) or more tenants in the building. (b) All developments approved as a planned unit development. (c) Murals on business premises. What about lame schools or other "Campus" type developments? 1 Such a plan, which shall include the location, size, height, color, lighting and orientation of all signs and/or murals, shall be submitted for preliminary plan approval by the city; provided that, if such comprehensive pla'n is presented, exceptions to the sign schedule regulations of this chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this chapter and if such exception results in an improved relationship between the various parts of the plan. In addition, murals must be tasteful, in keeping with the business premise and surrounding properties, and not contain any defamatory, obscene, treasonous expressions or opinions, including graffiti. Comprehensive sign plans shall be reviewed by the community design review board. The applicant, staff, and city council may appeal the community design review board's decision. An appeal shall be presented within 15 days of the community design review board's decision to be considered. Definitions Administrator. The director of community development or other person charged with the administration and enforcement of this chapter. Advertisinq Balloon. Any inflatable temporary sign. Alteration. Any major alteration to a sign, but shall not include routine maintenance, painting or change of the sign face of an existing sign. Awninq. A covering attached on the facade of a building which projects typically over a door, window, or sidewalk. Awninq Siqn. A sign affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning. Sanner Siqn. A temporary sign that is made of flexible material, contains a message, and is not inflatable. Billboard. A sign adjacent to a designated highway which advertises a product, event, person, institution, activity, business, service or subject not located on the premises on which said sign is located. This definition shall not include an off-site real estate sign Chanqeable COpy Messaqe Board. A sign or portion of a sign which is characterized by interchangeable letters and figures. This definition shall not include electronic message boards. Collector Streets. As defined in the city's comprehensive plan these are roadways designed to carry traffic between the arterial system and the local system, convey intra-community traffic between neighborhoods, business centers, industries, parks and the like, and provide direct access to abutting properties. Construction Siqn. A temporary sign erected on the premises prior to or during construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and/or the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project. 2 Directional Information Siqn. A sign, generally informational, that has a purpose secondary to the use of the property upon which it is located, intended to facilitate the movement of pedestrians and vehicles within the site and identify the location and nature of a building not readily visible from the street. District. The zoning districts as designated on an official map of the city and described in the district regulations. Dwellinq Unit. Any structure or portion of a structure that is designated as short-term or long- term living quarters, including motel units, hotel units, or cabins. Electronic Messaqe Board. A sign with a fixed or changing display message composed of a series of electronic illuminated segments. Flaqs. Any device generally made of flexible materials, such as cloth, and displayed on strings containing distinctive colors, patterns, or symbols used as a symbol of government, political subdivision, or other entity. Flashinq Siqn. An illuminated sign which contains flashing lights or exhibits with noticeable changes in light intensity. Freestandinq Siqn. A sign that is attached to, erected on, or supported by an architecturally- planned structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. This definition includes pylon signs and monument signs. Garaqe Sale Siqn. A sign that advertises the sale of personal property from a person's home. This definition includes, but is not limited to, yard-sale, craft, boutique and estate-sale signs. Gas Station Canopy Siqn. A sign affixed to the canopy of a gas station pump island which may or may not be attached to the principal building. Graffiti. Unauthorized markings of paint, dye, or other similar substance that have been placed on real or personal property such as buildings, fences, transportation equipment, or other structures, or the unauthorized etching or scratching of the surfaces of such real or personal property, any of which markings, scratching, or etchings are visible from premises open to the public. Ground Grade. The elevation of the ground closest to the sign to which reference is made. Illuminated Siqn. A sign that is illuminated internally by a light source inside the sign or externally by means of external light fixtures directed at the sign. Local Streets. As defined in the city's comprehensive plan these are roadways that serve short trips at low speeds. Menu Board. An outdoor sign which lists available menu offerings for drive-through customers at a retail establishment which includes a permitted drive-through component, for the purpose of enabling customers to order from the menu and where the advertising or promotional component of the sign is secondary. 3 Minor Arterial. As defined in the city's comprehensive plan these are roadways that connect sub-regions that are the closest routes parallel to the principal arterials and supplement and provide relief for traffic to the principal arterial. Monument Siqn. A sign not supported by exposed posts or poles located directly at the grade where the width dimension of the architecturally designed base is 50 percent or more of the greatest width of the sign face. Multiple Tenant Buildinq. A commercial building containing two (2) or more tenants. Mural. A design, image, or expression on the exterior of a building, generally for the purpose of decoration or artistic expression, including, but not limited to paintings, markings, and etchings and does not include any on or off-site advertisement. Noncommercial Opinion Siqns. A sign that expresses an opinion or point of view that does not advertise any product, service, or business, or display a commercial message, excluding political campaign signs. Nonconforminq Siqn. A sign lawfully erected and maintained prior to the adoption of this ordinance that does not conform to the requirements of this ordinance. On-Site Real Estate Sian. A sign advertising the sale, lease, or rental of real estate upon which the sign is located Off-Site Directional and Open House Real Estate Siqn. A sign located within the right-of-way that advertises the sale, lease, or rental of real estate or the open house for such real estate located off the premises where the sign is located. Off-Site Real Estate Siqn. A sign advertising the sale, lease, or rental of real estate for single or multiple-family housing developments located off the premises where the sign is located. Painted Wall Siqn. A sign painted directly on the exterior wall of a building or structure, excluding murals. Principal Arterial. As defined in the city's comprehensive plan these are roadways designed to carry the highest volume of traffic, allow the highest speeds, are for the longest trips, and provide sub-regional, regional, and inter-community access. Principal Use. The main purpose for which land, buildings, or structures are ordinarily used. Professional Occupation Siqn. A sign which contains no advertising but is limited to the name, address, telephone number, and occupation of the person carrying on a permitted home occupation out of any residential use. Property Frontaae. The property lines or lease lines at the front of a building in which the business is located or the location of the main public entrance of the building. Political Campaian Sian. A temporary sign promoting the candidacy of a person running for a governmental office or promoting a position or an issue to be voted on at a governmental election. 4 Portable Sian. A sign constructed to be movable from one location to another and not permanently attached to the ground or to any immobile structure or any device whose primary function during a specific time is to serve as a sign. Public Service Sian. Any sign primarily intended to promote items of general interest to the community. Time and temperature signs are considered a public service sign. Proiect Sian. A temporary sign which identifies a proposed or new development. Proiectina Sian. A sign, other than a wall sign, which is supported and projects from more than (18) inches at a right angle from the wall of a building. Pylon Sian. A sign that is mounted on a narrow freestanding pole or other support structure so that the bottom edge of the sign face is (6) feet above the architecturally designed base. Residential Use Buildina. Any dwelling, boarding, lodging or rooming house, dormitory unit, fraternity, or sorority house. Roof Line. The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade. Roof Sian. A sign erected upon the roof of a building or extending above the roof line of the building to which it is attached, and which is wholly or partially supported by said building. Sian. Any structure, device, advertisement, advertising device, or visual representation intended to advertise, identify, or communicate information and to attract the attention of the public for any purpose. A sign includes any illuminated or non-illuminated symbol, letter, logo, figure, illustration or form painted or otherwise affixed to a building or structure, excluding murals. A sign also includes any beacon or searchlight intended to attract the attention of the public for any purpose. For the purpose of removal, signs shall also include all sign structures. Architectural lighting, such as neon that has no sign copy, shall not be considered to be a sign. Sian Area. The entire area within a continuous perimeter enclosing the extreme limits of the sign message and background. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, uprights, or structures in which any sign is supported shall not be included in determining the sign area. ) Sian Face. The surface of the sign including letters and background upon, against, or through which the message is displayed or illustrated. Sian Structure. The supports, braces, and framework of a sign. Street Frontaae. The linear frontage of a parcel of property abutting a street. Special Event Sian. A temporary sign or display erected by a civic organization, religious organization, or other non-profit organization or group for the purpose of identifying a non- commercial, one-time, or annual special event. Temporary Displays. Temporary displays orfeatures that do not clearly fall into the definition of a sign, but which direct attention to a product, place, activity, business, person, institution, or 5 organization Temporary displays include three-dimensional shapes, inflatable objects, search lights, and other similar devices. Temporary or Seasonal Siqn. A sign for a specific advertisement purpose that is of a limited duration and is not permanently attached to the ground or wall. Time and Temperature Sian. A sign that contains an electronic message board portion that only displays the time and temperature. Video Board. A video board is any device designed for outdoor use which is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (eRTs), light-emitting diode (LEO) displays, plasma displays, liquid-crystal displays (LCos), other technologies used in commercially available televisions or computer monitors. Wall Siqn. A flat sign which does not project more than eighteen (18) inches from the face or wall of the building upon which it is attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. Window Sian. A sign painted on a window or placed inside the building to be viewed through the glass by public. This does not include merchandise on display in a window, seasonal displays of holiday pictures, decals, lights, and decorations that do not contain a commercial message or signs which are legally required to be posted. Wall Surface of Buildinq. The total horizontal surface area of the building face to which the sign is attached, including windows and door areas, measured to the extreme outer limits of such wall surface. Sian Area and Heiqht Computation (a) Where the sign is a separate p.anel, structure, or other material forming a single display, the area of the message display face shall constitute the area of the sign. The supports, uprights, bases, or structures on which any sign is supported shall not count towards the sign area unless the supports, uprights, bases, or structures are an integral part of the sign display. (b) Where the sign is designed with more than (1) exterior sign face, the sign area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. (c) Where the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, or of a line or lines, to form a display or sign, the area of the sign shall be computed using the outside dimensions of the various words, figures, and illustrations composing the entire sign. (d) The sign coverage area includes the area of the message display face and the frame, background, and supports for a sign. (e) The height of a sign shall be measured by the vertical distance from the ground grade to the top of a sign. 6 Nonconforminq Sians (a) Nonconformina Permanent Siqns. Nonconforming permanent signs lawfully existing on the effective date of this chapter shall be allowed to continue in use, but shall not be rebuilt, relocated or altered, other than minor alterations including routine maintenance, painting, or refacing the copy of sign, without being brought into compliance with this chapter. After a non- conforming sign has been removed, it shall not be replaced by another nonconforming sign. (b) Nonconforminq Temporary Siqns. Nonconforming temporary signs existing on the effective date of this chapter shall be brought into compliance or removed within (60) days from the effective date of the chapter. Enforcement Procedures (a) Permanent Siqns. The city shall send notice to the owner of any permanent sign in violation of the provisions of this chapter. The notice shall require that the owner correct all code violations. If the sign is not a safety hazard, the city shall allow (30) days for the owner to correct the violation. If the sign is a safety hazard the city shall take immediate action to end the hazard. (b) Temporary Sians. The city shall send notice to the owner of all other illegal temporary signs and allow (7) days for the owner to correct all code violations or remove the sign. (c) Removal of Siqns. If the sign owner does not obey the city's orders, the city may remove or alter the sign at the owner's expense under the procedures of section 18-37. The city may remove illegal signs on a street right-of-way without notice. If the city removes a sign the city may sell or dispose of it if the owner does not reclaim the sign and pay any removal costs within (30) days of the sign's removal. Prohibited Sians (a) Signs or sign structures attached or supported on balconies, fences, or other non- permanent structures. (b) Signs attached or supported on a permanently parked vehicle or semi-trailers intended to advertise a business, product, or service. Not including signs painted directly on a parked vehicle or semi-trailer used in the business or facility or on site for business purposes. (c) Signs on rocks, trees, or other natural features or public utility poles. (d) Signs that have blinking, flashing, fluttering lights, make noise, or change in brightness or color including, but not limited to, electronic message board signs, flashing signs, and video board signs as defined in this chapter; except for electronic message boards that display only time and temperature or similar public service messages according to the requirements specifically outlined in this chapter. (e) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or opening intended to provide ingress or egress for any building structures. (f) Signs that by reason of location, color, or intensity create a hazard to the safe, efficient movement of vehicles or pedestrian traffic. No private sign shall contain words which might be 7 construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is intended to direct traffic on the premises. (g) Painted wall signs. (h) Roof signs. (i) Signs that advertise a product or service not sold on the property, except for billboards or other off-site signs where specifically permitted in this chapter. OJ Signs having features or incorporating parts of any sign prohibited in this chapter. Siclns Exempt from Reaulations in this Chapter (a) Any public notice or warning sign required to be maintained or posted by law or governmental order, rule, or regulation. (b) Flags and emblems of a political, civic, religious, or other non-commercial nature. Flags that do not meet these requirements will be considered banners and be regulated as such. (c) Any sign inside a building, not attached to an exterior window, that is not legible from a distance of more than (10) feet. (d) Traffic control signs, as defined by state law. (e) Memorial plaques, cornerstones, historical tablets, and the like. (f) Seasonal displays of holiday lights and decorations that do not contain a commercial message. SiQn Permits If a sign requires a permit the property owner shall secure the sign permit prior to the construction or major alteration of such a sign. No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is in compliance with the requirements of this chapter. Application The application for permission to erect or alter any such sign shall be in writing, using a current Sign Permit Application, and signed by the owner or occupant of the building. The application shall specify the location, height, dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached and total square footage of the building. Applications shall be accompanied by a sketch of the sign and any other facts the city requires for full information of the nature and safety of the proposal. An electrical permit is also required for all signs containing electrical wiring. Appeals When a permit under this chapter is denied, the administrator shall give notice to the applicant within (30) days of denial, together with reasons for denial. Appeals from the decisions of the 8 administrator under the provisions of this chapter shall be made to the city council. Denial shall be based on noncompliance with this chapter. Fees The city council shall set all sign permit fees annually. Time Limits (a) A sign permit shall become null and void if the work for which the permit was issued has not been completed within one year of the issuance or renewal. (b) All permits for the erection or alteration of signs shall be issued for the useful life of the sign. Minor alterations to an existing sign including routine maintenance, painting, or refacing the copy do not require a new sign permit. General Reaulations and Standards All signs shall be constructed in a manner and of such materials that they shall be safe and substantial and in compliance with the building code. In addition, all signs containing electrical wiring shall be subject to the provisions of the current state electrical code. Maintenance All signs in the city, together with all of their supports, braces, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds. Attachment to Buildinas All signs attached to a building shall not obstruct any fire escape, exit, standpipe, or any window required for light or ventilation. The signs shall be placed flat against the building and project no further than (18) inches from the building except where specifically allowed in this chapter. Freestandinq Siqn Placement All signs not attached to any building or structure shall maintain at least a (10) foot setback from any lot line and shall not be placed in a street right-of-way unless specifically stated otherwise in this chapter. No such sign shall project over a property line or a public right-of-way, except where allowed in this chapter, and all required clearances from overhead power and service lines must be maintained. Signs placed near the corner of two intersecting streets shall comply with clear sight triangle requirements in section 32-246. Illumination All illuminated signs must be in compliance with the city's outdoor lighting requirements in section 44-20. In addition, illumination for all signs shall be constant and steady. See also item (d) under prohibited signs. 9 Special Purpose and Temporary Signs Permitted in All Zoning Districts All signs listed below do not require a sign permit and shall not count towards the building or property maximum signage allowed unless otherwise noted: Construction Siqns One construction sign is permitted just prior to or during construction of a development. Each construction sign shall not exceed a ratio of (1) square foot of sign area for each (1,000) square feet of lot area. In no case shall the area of the sign exceed (64) square feet and (10) feet in height. The sign shall be removed after major construction has finished. Directional Information Siqns On-site directional information signs not exceeding (6) square feet and (6) feet in height are permitted for all types of property except single and double-dwelling lots. Garaqe Sale Siqns Garage sale signs not exceeding (3) square feet and (3) feet in height are permitted on private property or in the public right-of-way. No part of such sign shall be closer than (5) feet to the street pavement or (1) foot to a sidewalk or trail. Said sign shall not be located between the street and a sidewalk or trail. Signs in the public right-of-way at an intersection are limited to (1) garage sale sign per corner at each intersection, with a maximum of (4) separate garage sale signs intersection. All signs shall display the actual dates of the sale and may be erected (1) day prior to the sale and must be removed within (1) day after the sale. Menu Boards Menu boards shall not exceed sixty-four (64) square feet and (6) feet in height. Menu boards shall not be located as to impair the vision of the driver of a vehicle traveling into, out of, or through the drive through isle. No TresDaSsinq Siqns Signs not exceeding (9) square feet, located upon private property, and directed towards the prevention of trespassing. On-Site Real Estate Siqns (a) For single and double dwelling lots, (1) on-site real estate sign not exceeding (9) square feet is permitted for each street upon which the property has frontage. (b) For all other types of property, (1) on-site real estate sign is permitted for each street upon which the property has frontage. Each sign shall not exceed a ratio of (1) square foot of sign area for each (1,000) square feet of lot area. In no case shall the area of anyone sign exceed (64) square feet or (10) feet in height. (c) All real estate signs shall pertain to the sale, lease, or rental of the property only and must be removed within (7) calendar days of the close of the property or when 90 percent or more of the dwelling units on the property have been sold, leased, or rented. 10 Off-Site Directional or Open House Real Estate Signs Off-site directional or open house real estate signs not exceeding (3) square feet and (3) feet in height may be placed on the public right-of-way. No part of such sign shall be closer than (5) feet to the street pavement or (1) foot to a sidewalk or trail. Said sign shall not be placed between the street and a sidewalk or trail. Signs are limited to (1) real estate listing and (1) open house sign per corner at each intersection, with a maximum of (4) separate real estate listings and (4) separate open house signs per intersection. Off-site directional signs may be placed in the right-of-way for (30) days per real estate listing and open house real estate signs may be placed in the right-of-way on the day of the open house only. Off-Site Real Estate Siqns Off-site real estate signs exceeding (3) square feet may be placed on private property. Such signs require a permit, shall not be located in the right-of-way, and the sign ownerlinstaller must supply written permission to the city from the property owner on which property the sign is installed. Each development is limited to one such sign. The maximum area of any such sign shall be (64) square feet and the maximum height shall be (6) feet. The sign must be removed when at least 90 percent of the dwelling units approved by the city have been sold or rented. Noncommercial Opinion Siqns (a) For residential uses, one sign that expresses an opinion or a viewpoint of a non-commercial nature is allowed per property. The noncommercial opinion sign shall not be illuminated or exceed (32) square feet iand (6) feet in height. For multiple-unit developments, the sign must be attached to the dwelling unit or placed in a location that clearly indicates ownership and does not represent the opinions of other residents in the area who have not agreed to the sign. (b) For all other types of property, .the signs allowed by this chapter may contain opinion messages but shall not exceed (64) square feet in total area. Political Campaign Signs (a) For local regular elections and referendums, political campaign signs may be posted from August 1 until ten (10) days following said election or referendum. (b) For local special elections and referendums, political campaign signs may be posted from date of filing until ten (10) days following said special election or referendum. (c) Political campaign signs shall not exceed sixteen (16) square feet and six (6) feet in height. (d) The number of political campaign signs on one property during an election season is limited to one (1) per candidate and one (1) per opinion/ballot issue. (e) All political campaign signs shall be setback at least five (5) feet from the edge of the nearest street and at least one (1) foot from any sidewalk or trail. Said signs shall not be placed between a street and a sidewalk or trail or at any other location that obstructs driver or pedestrian visibility. The consent of the underlying property owner, if the underlying land is a public right-of-way, or the property owner fronting the proposed location, must be obtained 11 before placement of such sign. In addition, political campaign signs are prohibited on obviously public property and utility poles. (f) In a state general election year, the size, number, and duration of political campaign sign displays shall comply with the provisions of Minnesota Statute 211.B.045, and nothing in this chapter shall be construed as applicable except location restrictions. Proiect Si~!ns One project sign is permitted per property just prior to or during construction. Each project sign shall not exceed a ratio of (1) square foot of sign area for each (1,000) square feet of lot area. In no case shall the area of the sign exceed (64) square feet and (10) feet in height. The sign shall be removed after major construction has finished. Project signs may be utilized to advertise property for lease or sale just prior to construction, but must be used in lieu of a separate real estate sign. Temporary Siqns and Displavs Under (12) Square Feet One (1) non-illuminated temporary sign or display under (12) square feet is allowed per property (except for single and double dwelling properties) for a period not to exceed (30) days total per sign. For commercial buildings with multiple occupants, each separate tenant is permitted (1) such sign. No more than (3) temporary signs under (12) square feet shall be allowed at a property at anyone time Slans in Residential Zoninq Districts (Districts R-1. R-1R. R-S. R-E. R-2. AND R-31 All signs require a sign permit unless otherwise noted. Professional Occupation Siqns One professional occupation sign of not more than (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. This should be one wall siqn per street frontaqe. This should include churches, schools. libraries. community centers or other institutions - or any use allowed in residential. Wall Siqns One wall sign up to (24) square feet shall be allowed for residential subdivisions and multiple- unit developments and for all legal non-residential uses excluding home occupation businesses. The sign may be affixed to the wall of the main building or an overhanging canopy or awning. Monument Siqns One monument sign up to (32) square feet shall be allowed by sign permit for residential subdivisions and multiple-unit developments and for all legal non-residential uses excluding home occupation businesses. Said sign shall be a maximum of (6) feet in height. The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and materials compatible to the building or project. The area around the base of the sign shall also be landscaped. 12 Chanqeable Copv Messaqe Boards Changeable copy message boards are permitted as part of a permanent freestanding monument sign or wall sign for all legal non-residential uses excluding home occupation businesses. The message board shall not comprise more than 50 percent of the total square footage of said sign. Temporary Banners Temporary banners may be displayed without a permit for residential subdivisions and multiple- unit developments and for all legal non-residential uses excluding home occupation businesses for a period not to exceed (60) days total per year, per property. No more than (1) banner may be displayed per property at anyone time. Each banner shall not exceed (32) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. Temporary Siqns and Displays Over (12) square feet One temporary sign or display over (12) square feet is permitted by sign permit for up to (30) days per year, per property. However, the permit fee shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other non-profit organizations or groups for the purpose of identifying a non-commercial, one-time, or annual special event. In no case shall the area of the sign exceed (32) square feet or the height of the sign exceed (8) square feet. The time period may be extended to (60) days during the first year of operation of a new business and (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. Siems In the LBC (Limited Business Commercial), CO (Commercial Office), and NC (Neiahborhood Commercial) Zonina Districts All signs require a sign permit unless otherwise noted. Professional Occupation Siqns One professional occupation sign of not more than (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. Wall Siqns (a) For each occupant of a building, (1) wall sign is allowed for each street upon which the property has frontage. The total number of wall signs may be increased by (1) for each clearly differentiated department of a business or enterprise. (b) The total area of any (1) wall sign shall not cover more than 20 percent of the wall surface to which the sign is attached or (32) square feet, whichever is greater. As an alternative, a wall sign may be placed on an overhanging awning or canopy as long as the wall sign does not exceed 50 percent of the face of the awning or canopy, or (32) square feet, whichever is less. (c) For multiple tenant buildings, the wall surface for each tenant or user shall include only the surface area of the exterior facade of the premises occupied by such tenant or user. 13 FreestandinQ SiQns One freestanding sign up to (64) square feet and (10) feet in height is permitted for each street upon which the building has frontage. For buildings with multiple street frontages, each additional freestanding sign must be located on a different street and each said sign must be separated by more than (100) feet measured in a straight line between the signs. The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and materials compatible to the building or project. The area around the base of the sign shall also be landscaped including the bottom of a pylon sign. ChanQeable COpy MessaQe Boards Changeable copy message boards are permitted as part of a permanent freestanding sign or wall sign but are limited to comprising no more than 70 percent of the total square footage of said sign. Temporary Banners (a) For single tenant buildings, temporary banners may be displayed without a sign permit for a period not to exceed (60) days total per year, per property. No more than (1) banner may be displayed per property at anyone time, except for multiple-tenant buildings (see below). (b) For multiple tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed (60) days total per year, per property. No more than (1) banner may be displayed per separate tenant at anyone time. (c) Each banner shall not exceed (32) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. Temporary Window SiQns Temporary window signs are allowed without a permit for a period not to exceed (30) days total per sign, per year. Temporary window signs shall be neatly painted or attached to the surface of a window, but shall cover no more than 30 percent of the total area of the window. Temporary SiQns and Displays Over (12) Square Feet One temporary sign or display over (12) square feet is permitted for up to 30 days per year, per business. However, the permit fee shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other non-profit organizations or groups for the purpose of identifying a non-commercial, one-time, or annual special event. In no case shall more than one temporary sign or display be displayed per property at anyone time. The sign or display shall not exceed (32) square feet or (8) feet in height. The time period may be extended to (60) days during the first year of operation of a new business and (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. 14 Signs in the BC (Business Commercial), BC-M (Business Commercial Modified), M-1 (Light Manufacturing). and M-2 (Heavv Manufacturing) Zoning Districts All signs require a permit unless otherwise noted. Professional Occupation SiQns One professional occupation sign of not more than (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. Wall SiQns (a) For each occupant of a building, one wall sign is allowed for each street upon which the property has frontage. The total number of wall signs may be increased by one for each clearly differentiated department of a business or enterprise. (b) The total size of all wall signage for single-tenant buildings is determined by the gross square footage of the principal structure on the property. The total coverage area of each wall sign, including each differentiated business, shall be based on the wall surface to which the sign is attached. (c) The following table indicates maximum signage permitted for single-tenant buildings: Principal Structure Gross Maximum Size and Coverage Square Feet of Floor Area Area of Each Sign Less than 10,000 sq. ft 80 sq. ft. or 20% of wall face, vyhichever is less 10,000 to 20,000 sq. ft. 100 sq. ft. or 20% of wall face, whichever is less . 20,000 to 100,000 sq. ft. 150 sq. ft. or 15% of wall face, whichever is less Greater than 100,000 sq. ft. 200 sq. ft. or 10% of wall face, whichever is less (d) The total coverage area of each wall sign for multiple-tenant buildings is (10) percent of the surface area of the exterior fagade of the premises occupied by such tenant, or 32 square feet, whichever is more. (e) A wall sign may be attached to an overhanging awning or canopy, instead of the fagade of the building, as long as the wall sign does not exceed 50 percent of the face of the awning or canopy, or the maximum size specified above, whichever is less. Gas Station Canopies Gas stations are allowed (1) additional wall sign that may be attached to the fagade of the building or the overhanging canopy above the pump island. The wall sign on the canopy shall 15 not exceed 50 percent of the face of the canopy, or the maximum size specified above, whichever is less. Freestandinq Siqns (a) One freestanding sign is permitted for each street upon which the property has frontage. For properties with multiple street frontages, each additional freestanding sign must be located on a different street and each sign must be separated by more than (100) feet measured in a straight line between signs, excluding auto dealerships. (b) The total size and maximum height of each freestanding sign is determined by the street classification of the closest street to which each freestanding sign is located. In the case of signs located at an intersection, the higher ranking street classification should be used to determine the maximum height and size allowable for a freestanding sign. Businesses that are located on a frontage road designed to provide safe access to minor arterials and principal arterials shall be permitted to erect a freestanding sign up to the determined maximum height and size allowable for a freestanding sign on said minor arterial or principal arterial road to which it is adjacent. (c) The following table lists the maximum size and heights permitted for freestanding signs: Classification of Street Maximum Sign Maximum Height of Maximum Height of Abutting Property Size (sq. ft.) Pylon Sign (feet) Monument Sign (feet) Principal Arterial 180 25 12 Minor Arterial 140 20 12 Collector Street 100 15 10 Local Street 80 12 10 (d) The freestanding sign shall be designed to be architecturally compatible with the building or project, with the base of the sign, including pylon sign poles, consisting of materials and colors compatible to the building or project. The area around the base of the sign shall also be landscaped. Chanqeable COpy Messaqe Boards Changeable copy message boards are permitted as part of a permanent freestanding sign or wall sign but are limited to comprising no more than 70 percent of the total square footage of said sign. Electronic Messaqe Boards Electronic message boards as defined (public service signs) are permitted as part of a permanent freestanding sign or wall sign, provided that, the sign comprises no more than 50 percent of the total square footage of said sign. No such sign containing an electronic message board shall be erected closer than (75) feet from any residential land use district on which there exists structures used for residential purposes. Auto Dealerships 16 Auto dealerships may have one freestanding sign identifying the dealership, plus one freestanding sign advertising each car franchise. The maximum sign area and height for the freestanding signs shall be determined by the classification of the abutting roads, as specified above. More than one freestanding sign may be allowed per street frontage provided said signs are separated by more than (150) feet measured in a straight line between the signs. Billboards (a) Off-premise billboards shall only be permitted with a conditional use permit and may only be located adjacent to a principal arterial street in the SC (shopping center), BC (business commercial), M-1 (light manufacturing), and M-2 (heavy manufacturing) districts. (b) Spacinq No billboard sign shall be located within (2,300) feet to another billboard on the same side of the street, within (100) feet to a commercial, industrial, institutional building, or an on-premises sign, and within (250) feet to a residential district or (800) feet to a residence. Billboards shall maintain a setback of (50) feet from any property line, (500) feet to a local park, and (300) feet from the nearest intersecting street corner of two public roads. (c) Size. The maximum area of the sign face of a billboard shall not exceed (450) square feet, including border and trim, but excluding base, apron supports, and other structural members. The said maximum size limitation shall apply to each side of a sign structure. Signs may be placed back-to-back or in a V-type arrangement if there are no more than (2) sign faces, provided that the open end separation shall not exceed (15) feet. A billboard may only display one message at a time on any sign face. The maximum height for billboards shall be (35) feet. Temporary Banners (a) For single tenant buildings, temporary banners may be displayed without a sign permit for a period not to exceed (60) days total per year, per property. No more than (1) banner may be displayed per property at anyone time, except for multiple-tenant buildings (see below). (b) For multiple tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed (60) days total per year, per property. No more than (1) banner may be displayed per separate tenant at anyone time. (c) Each banner shall not exceed (64) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. Temporarv Window Siqns Temporary window signs are allowed without a permit for a period not to exceed (30) days total per sign, per year. Temporary window signs shall be neatly painted or attached to the surface of a window, but shall cover no more than 30 percent of the total area of the window. Temporary Siqns and Displays Over (12) Square Feet One temporary sign or display over (12) square feet is permitted for up to 30 days per year, per business each calendar year by sign permit. However, the permit fee shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other 17 non-profit organizations or groups for the purpose of identifying a non-commercial one-time or annual special event. The time period may be extended to (60) days during the first year of operation of a new business and (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. In no case shall more than one temporary sign or display be displayed per property at anyone time. The sign or display shall not exceed (64) square feet or (8) feet in height. Sians In the Mixed-Use (M-Ul Zonina District Sian Review The community design review board shall review all signage on new buildings or developments to ensure that the signs meet mixed-use sign requirements and are architecturally compatible with the new building or development. In addition, the community design review board shall review all comprehensive sign plans as required in section 44-736 (comprehensive sign plan). All signage on mixed-use buildings or developments (buildings or developments previously approved and built with mixed-use design standards) shall be reviewed by the director of community development and shall be done in a manner that is compatible with the original scale, massing, detailing and materials of the original building. All signage on non-mixed-use buildings or developments (buildings or developments not built with mixed-use design standards) shall be reviewed by the director of community development and shall comply with the mixed-use sign requirements, unless classified as a pre-existing nonconforming sign in which case it shall comply with section 44-12 (nonconforming buildings or uses). Proiectinq Siqns Projecting signs are allowed as part of the overall signage. Projecting signs may not extend more than four (4) feet over a public right-of-way and a private road or sidewalk, and must not project out further than the sign's height. Overall Wall Signs Allowable area of overall wall and projecting signage for each establishment is one and one-half (1 %) square feet of signage per lineal foot of building or frontage on a road, public open space or private parking area, or thirty (32) square feet, whichever is greater. Each wall shall be calculated individually and sign area may not be transferred to another side of the building. Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the building as long as they do not exceed the requirements above. Wall and projecting signs shall not cover windows or architectural trim and detail. Freestandinq Siqns One (1) freestanding sign for each establishment is allowed if the building is set back at least twenty (20) feet or more from the front property line. Freestanding signs must meet the following requirements: (a) Limited to six (6) feet in height and forty (40) square feet. (b) Maintain a five-foot (5') setback from any side or rear property line, but can be constructed up to the front property line. 18 (c) Must consist of a base constructed of materials and design features similar to those of the front fac;:ade of the building or development. (d) Must be landscaped with flowers or shrubbery. Prohibited Siqns in the M-U Zoninq District (a) Signs or sign structures attached or supported on balconies, fences, or other non- permanent structures. (b) Signs attached or supported on a permanently parked vehicle or semi-trailers intended to advertise a business, product, or service. Not including signs painted directly on a parked vehicle or semi-trailer used in the business or facility or on site for business purposes. (c) Signs on rocks, trees, or other natural features or public utility poles. (d) Signs that have blinking, flashing, fluttering lights, make noise, or change in brightness or color except for electronic message boards that display only time and temperature or similar public service messages according to the requirements specifically outlined in this chapter. (e) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or opening intended to provide ingress or egress for any building structures. (f) Signs that by reason of location, color, or intensity create a hazard to the safe, efficient movement of vehicles or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is intended to direct traffic on the premises. (g) Painted wall signs. (h) Roof signs. (i) Signs that advertise a product or service not sold on the property, except for billboards or other off-site signs where specifically permitted in this chapter. OJ Signs having features or incorporating parts of any sign prohibited in this chapter. (k) Electronic message boards and changeable copy message boards, except for changeable copy message boards that display gas prices at minor motor vehicle fuel stations. 19 Attachment 3 ORDINANCE NO. AN ORDINANCE AMENDING THE SIGN AND LICENSING CODE TO ALLOW DYNAMIC DISPLAY SIGNS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 44-737 (prohibited signs): Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: (3) Signs that have blinking, flashing or fluttering lights. Signs that give publiG serviGe information, such as time and temperature arc exempt. Section 2. This amendment revises Section 44-807 (temporary signs): ill Temporary siqns with blinkinq, flashinq. or flutterinq liqhts or with dynamic displavs are prohibited. Section 3. This amendment revises Section 44-736 (comprehensive sign plan): A comprehensive sign plan shall be provided for the followinq: (1) business premises which occupy the entire frontage in one or more block fronts or for the whole of a shopping center or similar development having five or more tenants in the project,;"ill dynamic display wall siqns: (3) larqe campuses consistinq of buildinqs and land of ten or more acres. and (4) shared siqns. Such a plan, which shall include the location, size, height, color, lighting and orientation of all signs, shall be submitted for preliminary plan approval by the cityo; flro':ided that, if SUGh CORlflrehensive plan is flresented, e];xceptions to the sign code schedule regulations of this article may be permitted for iA #Ie sign areas" aOO densities, and dynamic display chanqeover rates for the plan as a whole if the siqns are in conformity with the intent of this article" and if such e)(GOfltions results in an improved relationship between the various parts of the plan, and encouraqes and promotes the removal of nonconforminq siqns throuqh the use of shared siqns. Comprehensive sign plans shall be reviewed by the community design review board. The applicant, staff, and city council may appeal the community design review board's decision. An appeal shall be presented to city staff within 15 days of the communitv desiqn review board's decision to be considered by the city council. Section 4. Adopt an off-site and on-site dynamic display sign ordinance to be included in the city sign code (Article Ill, Section 44-731 through Section 44-1024) as follows: a. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction of drivers can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. In such a case, drivers may watch a sign waiting for the next change to occur. Drivers also are distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers could be more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Due to these public safety concerns, the city should only allow the use of these technologies with certain restrictions. The restrictions are intended to minimize driver distraction, to minimize their proliferation in residential districts where signs can adversely impact residential character, and to protect the public health, safety, and welfare. Local spacing requirements could interfere with the equal opportunity of sign owners to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact on drivers would be compounded in a traffic corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, requiring a limit on display times on dynamic signs is in the public interest. A constant message is typically needed on an on-site sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving conduct through last-second lane changes, stops, or turns, all of which could result in traffic accidents. In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off and on-site signs but with significant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. b. Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement are exempt from this ordinance. c. Noncommercial dynamic display signs are allowed wherever commercial dynamic display signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. 2 d. Standards for all dynamic display signs: (1) The images and messages displayed on the sign must be complete in themselves, without continuation in content to the next image or message or to any other sign; (2) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (3) Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to discontinue the display if it malfunctions, and the sign owner must stop the dynamic display within one hour of being notified by the city that it is not meeting the standards of this ordinance. (4) Dynamic display signs must meet the brightness standards contained in subdivision (h) below e. On-site dynamic display signs are allowed subject to Article III (Sign Regulations) of the city's zoning code, the above-mentioned standards for all dynamic display signs, and the following additional conditions: (1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M- 2 and M-1) zoning districts only. (2) The images and messages displayed on the on-site dynamic display sign must be static and each display must be maintained for a minimum of two minutes; and the transition from one static display to another must be instantaneous without any special effects. (3) Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than 50 percent of the total square footage of said sign face. (4) Must be located at least 200 feet from any property which there exists structures used for residential purposes or from any park or open space land use district. (5) Must be located at least 100 feet from any side property line. (6) Display and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises only or which give public service information. f. Off-site dynamic display signs are allowed subject to Sections 44-836 - 44-841 (Billboards) of the city's zoning code, the above-mentioned standards for all dynamic display signs, and the following additional condition: 3 The images and messages displayed on the sign must be static and each display must be maintained for a minimum of 15 seconds and the transition from one static display to another must be instantaneous without any special effects. g. Incentive. Off-site signs do not need to serve the same way-finding function as do on-site signs and they are distracting and their removal serves the public health, safety, and welfare. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off-site signs in certain settings. This sign removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused by the incentive. These provisions are also based on the recognition that the incentive creates an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout Maplewood. Reduction of Sign Surfaces (1) A person or sign operator may obtain a permit for a dynamic display sign on one surface of an existing off-site sign if the following requirements are met: (a) The applicant agrees in writing to reduce its off-site sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off-site sign in the city that is owned or leased by the applicant, which sign surface must satisfy the criteria of part (2) of this subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface. The applicant must agree that the city may remove the sign surface if the applicant does not do so, and the application must identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law. Replacement of an existing sign surface of an off-site sign with a dynamic display sign does not constitute a removal of a sign surface. (b) If the removed sign surface is one that a state permit is required by state law, the applicant must surrender its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until the sign owner or operator provides proof to the city that the state permit has been surrendered. (2) If the applicant meets the permit requirements noted above, the city shall issue a dynamic display sign permit for the designated off-site sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than once every 15 seconds. The designated sign must meet all other requirements of this ordinance. 4 h. Brightness Standards. (1) The following brightness standards are required for all dynamic display signs: (a) No sign shall be brighter than is necessary for clear and adequate visibility. (b) No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (2) The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city's instructions. The adjustment must be made within one hour upon notice of non-compliance from the city. (3) All dynamic display signs installed after August 20, 2008, must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour after being notified by the city that it is not meeting the standards of this section. (4) In addition to the brightness standards required above, dynamic display signs shall meet the city's outdoor lighting requirements (section 44- 20(1)). i. Public Safety. If city staff determines that a dynamic display sign is not being operated pursuant to this ordinance due to its location or display capabilities, city staff can require that the sign be moved, removed, or modified after notice to the property owner. Section 5. Adopt an off-site and on-site dynamic display sign licensing ordinance to be included in the city licensing code (Article II, Section 14-26 through Section 14-1437) as follows: a. Purpose and Findings. The purpose and intent of this chapter is to establish rules, regulations and standards for dynamic display signs within the City of Maplewood. b. Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or 5 computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement used are exempt from this ordinance. 'State law references - The 1965 Highway Beautification Act and corresponding state laws are in place to provide for effective control of outdoor advertisement. Roadside billboards fall under this category. It is the intent that the cities regulations adhere to these overriding federal and state statutes. c. License Required. No person shall operate an off-site or on-site dynamic display sign in the city without first obtaining a license. Licenses are required to be reviewed annually. d. License Fee and Term of License. Licenses issued pursuant to this chapter are transferable from one owner to another. The amount to be paid for a license required by this chapter shall be equal to the cost of the dynamic display sign permit, established and fixed by the city council, by resolution, from time to time. e. Application for Issuance of License. Applications for a license required by this chapter shall be made to the city on a form supplied by the city, a minimum of thirty (30) days prior to the desired start date. The applicant shall state the full name and address of the applicant; the full business name and address of the applicant; contact phone numbers; the location/legal description of the premises where said dynamic billboard will be located; a letter describing operation; a site plan showing location of the dynamic display sign, and such other information as required by the applicant form. f. Application Process. The completed application shall be presented to the city clerk for review by the community development department. If the community development department finds the license meets the dynamic display sign code requirements, the city clerk shall issue a license. g. Inspection. The premises of any licensee under this chapter shall be open to inspection at any time during business hours by any authorized officer of the city. h. Duration; renewal. Any license issued under this chapter shall be for one year only, and the application for renewal must be presented to the city clerk each year. The city shall have the right not to reissue a license for a dynamic display sign if the sign is found to be noncompliant with the city's dynamic display sign code. The licensee has the right to appeal such license denial to the city council. 6 Section 6. This ordinance shall take effect after the city publishes it in the official newspaper. The City Council approved the first reading of this ordinance on July 28, 2008. The City Council approved the second reading of this ordinance on August 11, 2008. Mayor Attest: City Clerk 7