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Home My WebLink About4.A.1. Text Amendment to 11.70 Regarding Signs, Ord. No. 902 4 .1 Consent Business SHAKO! I.f' TO: Mayor and City Council FROM: Alex Sharpe, Planner DATE: 02/17/2015 SUBJECT: Text Amendment to 11.70 Regarding Signs, Ord. No. 902 (B, F) Action Sought Adoption of Ordinance No. 902 - An amendment to City code section 11.70 Signs. Background Sign Ordinance Text Amendment 2015 The Planning Commission and city staff recommend amending the recently adopted Chapter 11.70 Sign Ordinance. A public hearing was held before the Planning Commission on February 5, 2015. The Planning Commission recommended adoption of the following three changes to the ordinance; text regarding use of flags that was inadvertently not included from a previous text amendment; to strike the text limiting the number of wall signs permitted per business; and increasing the size of free standing signs allowed in the Traditional Commercial and Contemporary Commercial Overlay Zones. Additional details on each proposed change are included below. At the time of ordinance adoption staff informed the City Council that changes would be made to the ordinance as necessary, staff believes that these changes meet the intent of the ordinance adopted in December 2014 by a) restoring sign options (e.g. flags) that were previously allowed, and b) gives businesses in the two corridors sign size options that also were previously available to them.. Recommended Additional Text On May 20, 2014 City Council amended Chapter 11.70 Subd. 4 Signs Not Regulated; to include flags within this definition. Due to codification issues this text was inadvertently not included in the amended ordinance Adopted in December 2014. Staff recommends including this text in the updated ordinance. Subd. 3. Signs Not Regulated. This Section is not intended to and does not regulate the following types of signs; • Signs that are located on the interior of a building or structure; • Signs that can only be viewed from within the lot or parcel of land on which they are located and not from a street or other public right-of-way; •National flags, flags of political subdivisions, one campus / business flag per site or for each principal use per site, only when displayed in conjunction with national or political subdivision flags and not exceeding the area of the national /political subdivision, or 60 square feet, whichever is less, and holiday decorations are not regulated by this section; •Governmental signs: permanent governmental signs for control of traffic and other regulatory/notification purposes and street signs are exempt from the provision of this Section; •Murals. Works of art that do not contain a commercial message. Recommended Removal of Text The following section of code limits the number of signs permitted on commercial building walls to two signs. This text was included in the past ordinance but may cause issues with proposed projects and future sign projects. The justification for limiting the number of signs is also difficult so long as the permitted square feet is met. 11.70 Subd. 5. D D. Exterior Signs Limitations. No business shall be allowed more than two (2) permanent exterior signs per building face, excluding name plate signs and window signs indicating the operating hours of the business. Sign Standards Table The Planning Commission and staff recommend increasing the permitted size of free standing signs as noted in the attached Sign Standards Table. The following is justification for this increase; •The adopted sizes in the two corridors are a decrease in total sign size from the previous ordinance. This decrease could render many existing signs legal non-conforming. Staff is of the opinion that this is not a desirable result and is suggesting that it be remedied. • Staff anticipates difficulty explaining the decrease in permitted free standing sign size to any new businesses or sites that wish to place a new sign. • Staff believes that it may not have been the intent to decrease the permitted sign area for free standing signs. •The increase in sign area to the previously permitted size will effectively make the allowed freestanding sign area for the Traditional Commercial Corridor, and the Contemporary Commercial Corridor identical. Staff does not see a particular concern with that, in that all businesses would be treated "equally" with respect to sign area. The Planning Commission expressed no concern and supported these changes. Recommendation The Planning Commission recommended these changes at their February 5, 2015 meeting. A public hearing was held and there were none that spoke in dissent. Staff also conferred with the Chamber of Commerce, and Chamber President Angie Whitcomb has indicated that the Public Policy Committee is in agreement with the recommended changes Staff recommended these changes as they meet the intent of the ordinance adopted in December 2014. Budget Impact None. Relationship to Vision This item relates to City Strategic Vision Goal B. Positively manage the challenges and opportunities presented by growth development and change. The original ordinance positively manages the challenges and opportunities presented by growth. The City has seen increased desire for larger more prominent signs for new businesses. This ordinance maintains the intent of the original ordnance. Requested Action Offer a motion approving Ordinance No. 902, an ordinance amending City code 11.70 Signs. 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ORDINANCE NO. 902 AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING AN AMENDMENT TO CITY CODE SECTION 11.70 (Signs) WHEREAS, The City of Shakopee has proposed an amendments to section 11.70. signs, of the Zoning Ordinance; and WHEREAS,notices were duly sent and posted, and a public hearing was held before the Planning Commission on February 5, 2015 at which time all persons present were given an opportunity to be heard; and WHEREAS,the Planning Commission recommended that City Code Section 11.70, ,be amended to include the language below; and WHEREAS,the City Council heard the matter at its meeting on February 17,2015; and THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 —That City Code Chapter 11 (Zoning) is amended to add the language as follows: Language which is underlined shall be added. Language which is struckthrough shall be deleted. 11.70 Signs Subd.3. Signs Not Regulated This Section is not intended to and does not regulate the following types of signs; Signs that are located on the interior of a building or structure; Signs that can only be viewed from within the lot or parcel of land on which they are located and not from a street or other public right-of-way; National flags, flags of political subdivisions, one campus/business flag per site or for each principal use per site, only when displayed in conjunction with national or political subdivision flags and not exceeding the area of the national/political subdivision, or 60 square feet, whichever is less, and holiday decorations are not regulated by this section; Subd. 5. D Exterior Sign Limitations•D. - - - . indicating the operating hours of the business. (Adjustment to alpha/numerical order as required). Sign Standards Table The Sign Standards Table is attached to this ordinance and incorporated by reference. The Sign Standards table has been amended to increase the size of freestanding signs in the Traditional Commercial Corridor, Contemporary Commercial, Office and Business Park, Light and Heavy Industrial overlay zones. Section 2. The City Council adopts the following findings of fact relating to the request to modify the language in the City's zoning ordinance regarding campus/business flags. Criteria#1 That the original zoning ordinance is in error; Finding#1 The original ordinance was in error. The intent of the ordinance was not to strike campus flags or reduce the freestanding sign area permitted. These errors were the result of codification. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 The community has expressed desire to permit larger and additional signage as expressed in the previously adopted ordinance. These changes assist in the original intent. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; Finding#3 There has been no evidence presented that either city-wide or neighborhood development patterns have changed The proposed text amendment does not alter the character of development. Criteria#4 That the Comprehensive Plan requires a different provision; Finding#4 The Comprehensive Plan does not require a different provision. Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 2015. Brad Tabke, Mayor ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2015.