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2014-01-28 Planning Comm Agenda PacketCITY OF MENDOTA HEIGHTS m PLANNING COMMISSION AGENDA January 28, 2014 — 7:00 p.m. Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Adopt Agenda 4. Approve December 16, 2014 Planning Commission Minutes 5. Public Hearings (7:00 p.m. or shortly thereafter): a. Case No. 2013 -22: Dawn Nichols, on behalf of Convent of the Visitation School, of 2455 Visitation Drive. Conditional Use Permit and variances for signage standards. Continuation from December Planning Commission meeting. b. Case No. 2014 -01: Dawn Nichols, on behalf of Convent of the Visitation School, of 2455 Visitation Drive. Code amendment request for electronic display signs within a residential zone. c. Case No. 2014 -02: Mark Gergen, on behalf of Ruth Richardson of 1134 Dodd Road. Lot split request at 1134 Dodd Road. 6. Verbal Review 7. Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Hall at 651.452.1850 with requests. PAGE 1 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 4 5 6 7 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, 8 December 16, 2013, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 9 10 11 12 13 14 15 Approval of Agenda 16 17 The agenda was approved as submitted. 18 19 Approval of October 22, 2013 Minutes 20 21 22 APPROVE THE MINUTES OF OCTOBER 22, 2013 AS PRESENTED. 23 24 AYES: 7 25 NAYS: 0 26 27 Hearings 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Staff recommended approval of this request. 44 45 Ms. Diane McEllistrem, wife of Mr. Michael McEllistrem, had nothing to add to the staff report. 46 PLANNING COMMISSON MINUTES December 16, 2013 The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard Roston, Michael Noonan, Doug Hennes, Robin Hennessy, Mary Magnuson, and Ansis Viksnins. Those absent: None. Those present were City Planner Nolan Wall, Public Works Director /City Engineer John Mazzitello, and Consultant Planner Bob Kirmis. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON , TO PLANNING CASE #2013 -21 Michael McEllistrem, 1349 Knollwood Lane Lot split of vacant, unaddressed parcel owned by Robert Hockett of 1335 Knollwood Lane Consulting Planner Bob Kirmis explained that this application is a combination application received from Robert Hockett and Michael McEllistrem to subdivide property and convey it to an adjacent property. Mr. Hockett owns the single family lot located at 1335 Knollwood Lane and also owns the landlocked parcel to the west, which is approximately 25,000 square feet in size. The two property owners wish to split off the southern 70 feet of the landlocked parcel and convey to Mr. McEllistrem. This would be a minor subdivision being conveyed to the adjacent property to the south. Staff has no particular issues with the application. The only condition of approval recommended is that the split off portion be combined with the McEllistrem property located at 1349 Knollwood Lane. PAGE 2 47 Chair Field opened the public hearing. 48 49 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the 50 public hearing. 51 52 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO 53 CLOSE THE PUBLIC HEARING. 54 AYES: 7 55 NAYS: 0 56 57 58 59 60 61 62 63 64 AYES: 7 65 NAYS: 0 66 67 68 meeting. 69 70 71 72 73 74 75 76 77 78 79 80 81 82 This particular site is zoned R1 Single - family Residential, which is geared towards residential 83 uses rather than institutional uses, such as that being considered. Regardless, the sign standards 84 in that district allow for one 12 square foot nameplate sign, one second nameplate sign by 85 conditional use permit provided that sign does not exceed 100 square feet. Finally, it allows for a 86 wall sign by conditional use permit up to 100 square feet. The R1 district in total allows for 212 87 square feet of signage upon individual parcels of land. 88 89 Consulting Planner Kirmis shared an exhibit of the existing signs and another graphic outlining 90 the new signs, 250 total square feet, as follows: COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF A SUBDIVISION FOR ROBERT HOCKETT AND MICHAEL MCELLISTREM, SPLITTING A 6,994 SQUARE FOOT PARCEL FROM LAND OWNED BY MR. HOCKETT AND CONVEYED TO MR. MCELLISTREM, WITH THE CONDITION THAT THE NEWLY CREATED PARCEL IS CONCURRENTLY COMBINED WITH THE MCELLISTREM PROPERTY AT 1349 KNOLLWOOD LANE. Chair Field advised the City Council would consider this application at its January 7, 2014 PLANNING CASE #2013 -22 Dawn Nichols, on behalf of Convent of the Visitation School, or 2455 Visitation Drive Conditional Use Permit and Variances for signage standards Consulting Planner Bob Kirmis explained that the applicants have submitted a comprehensive sign plan that has resulted in the need for a number of conditional use permits and variances. Presently, there are nine signs existing on this property. The submitted sign plan calls for the addition of nine new signs and the replacement of two existing signs on the property. Presently, there are 175 square feet of signage on the property and as a result of the comprehensive sign plan 478 square feet of signage would exist. Specifically, the application involves two conditional use permits and four variances. PAGE 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 1. "Entry Gate" sign consisting of an arched set of letters over the main entrance drive, supported by columns. This sign would be more than 16 feet in height to provide clearance for underpassing vehicles, a total sign area of 136 square feet. 2. Two Secondary Directory signs at 7 feet in height and 30 square feet in area, with both signs to be installed at a future date. The location of these two signs would be along the entrance drive between the entrance and the parking lot. The purpose of these signs is traffic direction. 3. A "School Gate" sign consisting of two monument posts with identifying logo markings at the main entry to the school building (north side). This sign is 30 square feet in total area, and the overall structure height is approximately 12 feet (although the sign location would be approximately 9 feet at its peak height). 4. Two "Wayfinding" signs, 12 square feet each, for a total area of 24 square feet. Such signs are traffic directional signs. The plan indicates one such sign at the southeast corner of the parking lot a second location is not clear from the materials. The approvals necessary to accommodate this request would be: a. Conditional Use Permit for 2nd Nameplate sign b. Conditional Use Permit for wall sign in addition to nameplate sign c. Variance for size of 2nd Nameplate sign d. Variance for total number of signs e. Variance for total square footage of signs f Variance to allow electronic digital messages g. Variance for sign height 115 Staff recommended the following actions: 116 117 1. Approval — Conditional Use Permit to allow a second nameplate sign of up to 100 square 118 feet for non - residential uses in an R -1 zone 119 2. Approval — Conditional Use Permit to allow wall signage in excess of the standard 12 120 square feet for non - residential uses in an R -1 zone 121 3. Approval — Variance to exceed the maximum number and square footage for signage (3 122 signs at 212 square feet maximum, 15 signs at 478 square feet proposed) 123 4. Denial — Variance to height for Entry Gate Sign (20 feet ± over the standard of 9 feet in 124 height) 125 5. Approval — Variance to School Gate Sign (12 feet ± over the standard of 9 feet in height) 126 6. Denial — Variance to Sign Display (Electronic Digital Message Board) 127 128 Chair Field asked if the entry arch being on a public right -of -way influenced staff's 129 recommendation. Consulting Planner Kirmis replied that staff was made aware of that on the day 130 of this meeting and there would need to be a special permit granted. Typically cities do not 131 encourage private structures within rights -of -way. However, it is also his understanding that 132 Visitation Drive is a bit unique as it functions as a private drive. City Planner Nolan Wall 133 commented that particular sign is proposed to be brought forward with sign permits, if approved, 134 at a later date. Staff would ask that if that sign was brought forward that in addition to the sign 135 permit that it would also need a right -of -way permit, depending on the actual location of the sign. 136 137 Additional discussions occurred on the placement of the monument signs in the public right -of- 138 way and the need, during the sign permit process, for a right -of -way permit. 139 140 Commissioner Magnuson asked for the background on the sign height restrictions. Explanation 141 was provided on the differences between signs in areas zoned residential rather than commercial. 142 143 Commissioners asked for clarification that digital signs had been requested, and denied, by other 144 institutions. This was confirmed. 145 146 Other discussions occurred regarding other requested signs in the City of Mendota Heights and 147 the outcomes of those requests. Discussion also occurred around the possibility of changing the 148 code for institutional uses in residential zones. 149 150 Planner Wall provided further information by stating that initially the only sign permit that is up 151 for consideration immediately is for the `Welcome Digital Display' sign that would be located as 152 part of the renovation project that is currently going on. In speaking with the school about their 153 future plans, instead of coming back for variances and additional conditional use permits over 154 time, it was suggested that they package every sign improvement that they may want to make in 155 the near future as a comprehensive sign plan in order to obtain approvals and recommendations 156 that the Planning Commission would feel could go before the City Council and be adopted. This 157 way they would know what they are allowed and not allowed to do when making future 158 investments in signage on their property. 159 160 Chair Field opened the public hearing. 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 Ms. Dawn Nichols of Visitation School expressed gratitude to City Staff and the Planning Commission for considering their request. She explained the comprehensive signage plan was an effort to upgrade the campus to make it more user - friendly and to beautify it to better serve the community. She furthered explained, specific to the proposed digital display signs, that the intent is to utilize new technology. Upon response to a question from the Planning Commission, Ms. Nichols indicated the proposed comprehensive signage plan would be implemented over 2 -3 years. Mr. Scott Shifflett, representing Visitation School, of Opus Design Build detailed the unique features of the Visitation campus, including: one -way ingress and egress; significant building and proposed signage setbacks from property lines; four partnered uses on campus; and public facilities used by Mendota Heights residents. These unique features require additional signage and way- finding to navigate the site and ensure safe traffic movements. He furthered explained the intent of the entry gate sign and showed an example of a similar design at St. Thomas Academy. He also presented information specific to the proposed digital signage on campus. Commissioners asked the applicant and their representatives questions regarding the digital display sign, the existing signage, the ability to alter the proposed digital sign to make it compliant, the restrictions being put on Visitation should any part of this request be denied, and possible code review and adjustments. PAGE 4 PAGE 5 181 The Commission took a five minute intermission to allow the applicants to discuss their options 182 (continue with the application as is or request a layover on the current application and then work 183 with staff to create a code amendment request for Council consideration). 184 185 As a result of their deliberation, the applicants decided to request a layover of this request to the 186 January 28, 2014 Planning Commission meeting and they would then work with staff to submit 187 an application for amendments to the city ordinance. 188 189 Mr. Glen Unruh and Ms. Jennifer Naas, 2370 Swan Drive, came forward to comment. Mr. Unruh 190 stated he agreed with staff recommendations on the application, particularly pertaining to the 191 digital signage. He then shared images of where his property is in relation to the school and the 192 proposed digital sign. He mentioned that they are already getting quite a bit of light pollution 193 from Visitation and have no desire to have any more. 194 195 Ms. Naas stated that it appeared to her that the Commission was trying to work with Visitation to 196 get this pushed through — something that would impact all of the neighbors located right across 197 the street from them. She does not feel that this should be pushed through at the expense of the 198 neighbors. 199 200 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, 201 TO LAY THIS MATTER OVER, WITH THE PUBLIC HEARING OPEN, TO THE 202 JANUARY 28, 2014 PLANNING COMMISSION MEETING. 203 204 AYES: 7 205 NAYS: 0 206 207 2014 Meeting Calendar 208 209 Commissioners were asked to review the following proposed 2014 meeting schedule and make 210 211 212 January 28 213 February 25 214 March 25 215 April 22 216 May 27 (day after Memorial Day) 217 June 24 218 July 22 219 August 26 220 September 23 221 October 28 222 November 25 (Thanksgiving week) 223 December 23 (Hanukkah/Christmas week — was rescheduled this year) 224 225 Commissioners directed staff to schedule the meetings as listed, leaving the option open for 226 possible reschedules as needed. any recommendations for adjustments: PAGE 6 227 Verbal Review 228 229 Planner Nolan Wall gave the following verbal review: 230 231 PLANNING CASE #2013 -16 Ken & Mary Paquin Accessory Structure Setback Variance 232 • Approved by the City Council as recommended by the Planning Commission. 233 PLANNING CASE #2013 -17 Southview Design Inc. Zoning Ordinance Amendment 234 • Approved by the City Council as recommended by the Planning Commission. 235 PLANNING CASE #2013 -18 Willin Consultants CUP for Updates to Wireless Facility 236 • Approved by the City Council as recommended by the Planning Commission. 237 PLANNING CASE #2013 -19 James & Deborah Povolny Variance Requests 238 • Approved by the City Council as recommended in part by the Planning Commission. 239 PLANNING CASE #2013 -20 Ed Sweeney After- the -Fact Wetland Permit 240 • Approved by the City Council as recommended by the Planning Commission 241 242 243 TO ADJOURN THE MEETING AT 8:22 P.M. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, 244 245 AYES: 7 246 NAYS: 0 PAGE 7 5a. m CITY OF MENDOTA HEIGHTS DATE: January 28, 2014 TO: Chair and Planning Commission Members FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2013 -22 BACKGROUND 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota- heights.com Planning Case 2013 -22 is a request for conditional use permits and variances to accomplish a comprehensive signage plan for the Visitation campus. The case was brought before the Planning Commission at the December 16, 2013 meeting. As requested by the applicant, the case was tabled with the public hearing to remain open for additional discussion at the January meeting. As a result, the City extended the review period an additional 60 days to April 2, 2014. As part of a separate planning case, the applicant has applied for consideration of a code amendment to allow electronic display signage. However, no additional information has been submitted for consideration of Case 2013 -22. Please refer to the application materials included in the December 16, 2013 Planning Commission packet: http:// www. mendota- heights .com /index.asp ?Type= B_LIST &SEC= {FA2EB 184- 0797 -4D77 -A704- 4454D77E34B4} RECOMMENDATION After continuation of the public hearing and discussion, the Planning Commission can consider a recommendation(s) on Planning Case 2013 -22. PAGE 8 5b. CITY OF m MEN• mow DOTA HEIGHTS DATE: TO: FROM: SUBJECT: APPLICANT: PROPERTY ADDRESS: ZONING /GUIDED: 60 -DAY DEADLINE: January 28, 2014 Planning Commission Nolan Wall, AICP Planner 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota- heights.com Planning Case 2014 -01 Code Amendment for Electronic Display Signage Convent of the Visitation School 2455 Visitation Drive R -1 One Family Residential /Private School March 9, 2014 DESCRIPTION OF THE REQUEST The applicant is seeking an amendment to Title 12 -1D -15 of the City Code in order to allow electronic display signage for institutional uses in the R -1 One Family Residential District. Currently, electronic displays are only allowed for motor fuel stations. BACKGROUND At the December 16, 2013 meeting, the Planning Commission conducted a public hearing in consideration of Planning Case 2013 -22 from the same applicant. The application included conditional use permit and variance requests for a comprehensive signage plan for the Visitation campus. The proposed plan includes the conversion of two existing signs into electronic display signs, which requires a variance in order to be accomplished under the existing code regulations. Discussion at the December Planning Commission meeting led to the suggestion that a code amendment to allow electronic display signs for nonresidential uses in the R -1 District may be a better way to deal with this issue than by consideration of a variance. As a result, and as requested by the applicant, Planning Case 2013 -22 was tabled until the January Planning Commission meeting with the public hearing to remain open. The applicant has since submitted an additional application for a code amendment to consider allowing electronic display signs. In 2005, an application for a code amendment to allow construction of an electronic display sign at Henry Sibley High School was submitted as part of Planning Case 2005 -12. In that case, the City Council affirmed its position that such signs are not allowed and adopted findings detailing concerns related to electronic signage in denial of the request. The proposed code amendment and Resolution 05 -41 are attached for reference. While the proposed sign at Henry Sibley High School was different than the signs being proposed by Visitation, the discussion of the technology and potential impacts of electronic display signage on the community are still relevant. In 2013, the City Council approved a variance and subsequent code amendment to allow electronic display signage for motor fuel stations under a number of conditions, as included in Title 12- 1D- 15(I)(3). Electronic display signs have been regulated to varying degrees throughout the metro area in recent years as the technology has improved and become more affordable. A comparison table detailing electronic display signage standards in other municipalities is attached for review. As the prevalence of this signage type continues, it is important for the City to consider the potential impacts of allowing this technology for specific uses. EXISTING CODE STANDARDS The City Code has the following references to these types of signs within residentially -zoned districts: 12- JD- 15(E): Prohibited Signs: Unless a sign is specifically permitted under this chapter, the sign is prohibited. By way of example and not by way of limitation, the following signs are specifically prohibited: 2. Illuminated flashing signs within the R, B -1 or B -2 district. 3. In all districts, illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays or lights greater than two (2) square feet in area. 9. Animated signs, lighter than air inflatable devices, string lights, striplighting outlining structures, and signs attached or mounted on a vehicle parked primarily for use as a sign. In addition, for residentially -zoned land, nonresidential uses may have one nameplate sign at a maximum of twelve square feet. A second nameplate sign is allowed by conditional use permit with a number of conditions, as included in Title 12- 1D- 15(H)(3)(a). In order to accommodate the electronic display signs requested by the applicant, consideration of amendments to the City Code are recommended. ANALYSIS The applicant has provided proposed code amendment language for consideration as part of the planning application. As proposed, two freestanding electronic display signs would be allowed by conditional use permit as an accessory use to a principal "institutional" use in the R -1 One Family Residential District. In addition, a definition for "institutional use" needs to be developed. In previously proposed code amendments considered on this issue, "institutional uses" were defined to include schools, places of worship, and government facilities. Under that definition, the following uses would seem to qualify (see attached map for locations): • Henry Sibley High School 1897 Delaware Avenue • Friendly Hills Middle School 701 Mendota Heights Road • Mendota Elementary School 1979 Summit Lane • Somerset Elementary School 1355 Dodd Road • St. Thomas Academy 949 Mendota Heights Road • Convent of the Visitation 2455 Visitation Drive • St. Peter's Church 1405 Sibley Memorial Highway • Holy Family Maronite Church 1960 Lexington Avenue South • Beth Jacob Congregation 1179 Victoria Curve • St. Paul United Methodist Church 700 Wesley Lane • Resurrection Cemetery 2101 Lexington Avenue South • Acacia Park Cemetery 2151 Pilot Knob Road • City Hall /Police Department 1101 Victoria Curve • Fire Hall 2121 Dodd Road PAGE 9 PAGE 10 The proposed code amendment also includes a number of conditions and corresponding standards that the signs must comply with, including the following: Condition Sign Area Standard Not to exceed 75 square feet Sign Height Not to exceed 9 feet Electronic Display Area Not to exceed 30 square feet Property Line Setback Distance Minimum 200 feet Message Change Interval Not more than once /four hours (except for emergency warnings) Hours of Operation 6:00 A.M. to 10:00 P.M. Message Animation Static letters and numbers only no animation, scrolling, flashing, or video Font Size Large enough to read from 50 feet Brightness Not to exceed 0.3 foot - candles at 60 feet, must be equipped with auto - adjust brightness settings Malfunction Settings Automatic turn-off when malfunction occurs Electronic display signs commonly replace temporary handmade signs and changeable copy signs, both of which currently exist within the City. The conditions and corresponding standards are meant to address any potential negative impacts while allowing property owners to utilize the latest signage technology to disseminate messages to users and the general public. However, this may raise enforcement issues for the City in the future. The applicant has included additional information as part of the application on the potential community benefits of electronic display signage for consideration and discussion. Sign Area The Code allows nonresidential uses in residential zones one nameplate sign up to twelve square feet and an additional sign up to one hundred square feet by conditional use permit. As part of the comprehensive sign plan submitted with Planning Case 2013 -22, the applicant has applied for a variance to the sign square footage requirement for the existing nameplate signage on campus. If that request is ultimately approved, the replacement of the existing signs without the electronic displays would be allowed. If the proposed code amendments regarding electronic display signs are approved, the existing signs in question could be converted. As proposed in the comprehensive sign plan and included in the application submittal as Exhibit B, the following existing signs would be converted to electronic displays: The proposed code amendment includes a sign structure area not to exceed 75 square feet. Sign Height The Code allows nonresidential uses in residential zones a second nameplate sign not to exceed nine feet in height from the average natural grade at the base of the sign. The proposed code amendment has similar language containing the same height standard for electronic display signs. Campus Directory/ Digital Display Welcome Digital Display Current Size (sq. ft.) 40.8 34.7 Proposed Size (sq. ft.) 75 54 Size Change (sq. ft.) + 34.2 + 19.3 Electronic Display Size (sq. ft.) 30 24.4 Electronic Display Percentage 40% 45% The proposed code amendment includes a sign structure area not to exceed 75 square feet. Sign Height The Code allows nonresidential uses in residential zones a second nameplate sign not to exceed nine feet in height from the average natural grade at the base of the sign. The proposed code amendment has similar language containing the same height standard for electronic display signs. PAGE 11 Electronic Display Area Limiting the electronic display area is an effort to minimize the scale of the display in relation to the sign's total area. The proposed code amendment limits the electronic display area to 30 square feet per face. Therefore, a sign constructed at the proposed maximum of 75 square feet could have an electronic display that occupies approximately 40% of the sign's total area. The proposed electronic display areas would be approximately 30 square feet and 24.4 square feet; both of which do not exceed 45% of the proposed signs' total areas. The City should consider whether a standard limiting the size of the electronic display to a percentage of the total area of the sign is more appropriate. Property Line Setback Distance The Code requires signs in residential districts to be set back at least ten feet from any property line. The proposed code amendment includes a 200 -foot setback for electronic display signs from any property line. The intent of this standard is to mitigate potential negative impacts to surrounding property owners, most likely residential uses, and to drivers on adjacent roads. The Visitation campus includes a number of parcels and therefore numerous internal property lines exist on the site. The applicant is proposing to locate the electronic display signs approximately 430 feet and 270 feet from the outermost campus property lines. The City should consider whether the proposed setback is adequate to protect surrounding uses and equitable for other similar uses that may desire an electronic display sign in the future. As proposed, the 200 -foot setback would eliminate the ability of this signage type to be located in close proximity to road frontages. In addition, the following institutional uses included on the attached map would not be able to construct an electronic display sign in an appropriate /desirable location on their property: • Somerset Elementary School • St. Paul United Methodist Church • Holy Family Maronite Church • Mendota Heights United Church of Christ • Fire Hall • City Hall /Police Station • Beth Jacob Congregation • Country Day School Other regulation options to consider are setback distances from the property line of a surrounding residential use or structure. Both options may allow electronic signage to be located closer to the sign owner's external property lines depending on the proximity of surrounding residential uses and structures. Message Change Interval The message change interval standard is meant to limit driver distraction while attempting to read and process the information shown on an electronic display sign. While many factors can contribute to motor vehicle crashes, driver distraction can make an already complex roadway environment more dangerous. The proposed code amendment includes a message change interval of no more than once every four hours, with an exception for emergency warnings. Based on the proposed hours of operation, totaling 16 hours /day, the signs could change messages no more than four times /day. The City should consider whether the proposed message change interval is appropriate for institutional uses and is adequate to protect drivers from additional distraction and surrounding uses from negative impacts as a result of the changing message. A review of message change interval standards from other example ordinances indicates various regulation options for the City to consider. As included in the attached table, change intervals range from five seconds to once per day. It can be assumed the shorter change intervals most likely address commercial signage needs for advertising purposes along major roadways. The Code allows no more than three text changes /day for electronic display signs at motor fuel stations. The City should also consider whether or not to exempt time and temperature readings from the message change interval condition. PAGE 12 Hours of Operation The proposed code amendment limits the hours of operation for an electronic display sign from 6:00 A.M. to 10:00 P.M. This timeframe corresponds to when users may be navigating the campus and can be assumed to be a reasonable standard for other institutional uses. The City should consider whether the hours of operation are adequate to mitigate any potential negative impacts to surrounding uses while still allowing the property owner reasonable use of the sign during necessary message display times. Message Animation The Code already prohibits flashing and animated signs. The proposed code amendment further prohibits these characteristics for electronic display signs, including scrolling text and video. In addition, the electronic display would be limited to static letters and numbers. These additional standards provide further protections against potential negative impacts that may cause distraction or are a public nuisance. Font Size The proposed code amendment requires letters or numbers to be large enough to read from a distance of 50 feet. This is an effort to maintain readability to limit unsafe conditions for drivers. Font size standards are not common in the example ordinances provided in the attached table. The City should consider whether regulation of a digital message's font size is necessary. Brightness The proposed code amendment limits letters or numbers for an electronic display sign to 0.3 foot - candles above the ambient light at a distance of 60 feet, using a brightness meter. According to Daktronics, as included in the attached application, 0.3 foot - candles is an industry standard from the Illuminating Engineering Society of North America. As previously noted, the nearest residential uses are over 300 feet from both proposed electronic display sign locations. The City should consider whether this standard is adequate to protect surrounding uses from additional light pollution from electronic display signs. Title 12 -1I -15 of the City Code requires lights for illuminating parking areas, loading areas or yards for safety and security purposes to not exceed readings of 0.2 foot -candle at the shared property line with a commercial or industrial use or public right of way, and zero foot - candles at the shared property line with residentially -zoned property. The City could consider a similar standard for electronic display signage. It is anticipated that Daktronics will have a sign in the City Hall parking lot the night of the meeting in order to demonstrate this standard and the brightness levels at various distances. Malfunction Settings The malfunction of an electronic display sign has the potential to cause added distractions to drivers and negative impacts to surrounding uses. The proposed code amendment requires the sign be shut -off when a malfunction occurs. STAFF RECOMMENDATION If the City desires to allow electronic display signage for nonresidential uses in residentially -zoned areas, while mitigating potential negative impacts to surrounding uses and the public, Staff recommends the revisions to the applicant's proposed code amendment as contained in DRAFT Ordinance 460. As noted, there is a potential for increased enforcement issues as a result of additional electronic display signage in the City. The recommended revisions to the applicant's proposed code amendment include the following: PAGE 13 1. Include "Institutional Use" definition. As proposed, electronic display signs would only be allowed for uses operated as schools, places of worship or government facilities. The definition is similar to what was proposed in previous code amendments considered on this issue. 2. Revise allowable zoning districts. (7) of the proposed code amendment allows electronic display signs in all residential zoning districts. Staff recommends limiting the allowable zones to R -1 and R -1A, which are the most common zones for existing institutional uses. 3. Revise sign area standard. (7)(a) of the proposed code amendment allows electronic display signs up to 75 square feet in total area. Staff recommends increasing the allowable square footage to 100 square feet per surface, which is the same standard as for an additional nameplate sign for a nonresidential use in a residential zoning district. 4. Revise electronic display area standard. (7)(c) of the proposed code amendment allows electronic display areas up to 30 square feet per face in total area. Therefore, a sign totaling 30 square feet would be allowed 30 square feet of total electronic display area per face. Staff recommends the standard be revised to limit the total area of the electronic display to a percentage of the sign's total square footage, which would be up to 50 %. The revised standard creates a uniform scale for electronic displays in relation to the total sign size. 5. Revise setback measurement line. (7)(d) of the proposed code amendment requires electronic display signs to be set back 200 feet from any property line. As proposed, the applicant would not meet be able to meet this standard for either sign due to the numerous parcels and boundary lines within the site. Staff recommends the standard be revised to measure the 200 -foot setback from the external property line of the parcel. 6. Exempt time and temperature from the message change interval standard. (7)(e) of the proposed code amendment limits message changes to once every four hours, except for emergency messages. As proposed, time and temperature readings would be subject to this requirement. Staff recommends exempting time and temperature readings to allow them to change as needed while still displaying a static message. 7. Expand message animation prohibitions. (7)(f) of the proposed code amendment requires the digital message's letters and numbers to be static. In addition, it prohibits animation, scrolling, flashing or video. Staff recommends including audio, twirling, fading, and color changes as additional prohibitions. 8. Revise text size standard. (7)(g) of the proposed code amendment requires the digital message's letters and numbers to be large enough to read from 50 feet away. This standard is subjective and could cause enforcement issues. Staff recommends revising the standard to require the letters and numbers to be four PAGE 14 inches in height or greater, which is the same standard for building address numbers as in Title 12 -8 -3 of the Code. 9. Expand shut -off requirements. (7)(i) of the proposed code amendment requires malfunctioning signs to be shut -off immediately by the owner. Staff recommends giving the City additional authority to order the sign be shut off if it is found to be noncompliant with any of the standards included in the Code. 10. Include additional sign design standards. Title 12- 1D- 15(H)(3)(a) of the Code includes conditions for additional nameplate signs in residential zoning districts. Staff recommends including the same conditions, which require a monument sign with a stone or brick base and landscaping for the sign area. 11. Include additional standards for second electronic display sign. The proposed code amendment allows for two electronic display signs on a property. If the City desires to allow an additional sign, Staff recommends establishing the following standards: a. Parcel is at least 40 acres in size. b. Sign is set back 300 feet from external property lines. c. Sign is completely screened from all surrounding residential uses. ACTION REQUESTED Following the public hearing, the Planning Commission may consider the following actions: 1. Recommend approval of DRAFT Ordinance 460, as submitted by the applicant, based on the findings of fact. OR 2. Recommend approval of DRAFT Ordinance 460, as recommended by Staff, based on the findings of fact. OR 3. Recommend denial of DRAFT Ordinance 460 allowing electronic display signage, based on the findings of fact. OR 4. Table the request. MATERIALS INCLUDED FOR REVIEW 1. Findings of Fact 2. DRAFT Ordinance 460 (applicant and staff versions) 3. Planning Case 2005 -12 DRAFT Code Amendment 4. Resolution 05 -41 5. Institutional Uses within R -1 & R -1A Districts map 6. Electronic display sign standards comparison table 7. Planning Case 2014 -01 application and supporting materials PAGE 15 FINDINGS OF FACT FOR APPROVAL Code Amendment Institutional Use Electronic Display Signage The following Findings of Fact are made in support of approval of the proposed request: 1. Electronic display signs may replace handmade temporary and changeable copy signs on institutional properties, resulting in a more attractive environment. 2. Limiting electronic display signs to institutional uses in the R -1 and R -1A Zoning Districts with substantial setbacks from surrounding properties will protect against proliferation of such signs. 3. Limiting the size of the electronic display, message change interval, hours of operation, message size, and brightness of electronic display signs will mitigate potential negative impacts to surrounding uses and drivers. PAGE 16 FINDINGS OF FACT FOR DENIAL Code Amendment Institutional Use Electronic Display Signage The following Findings of Fact are made in denial of the proposed request: 1. Electronic display signs in residential zoning districts will create a more retail /commercial appearance which does fit with the low density residential character of the community. 2. Electronic display signs can create distractions for drivers and endanger public safety. 3. Electronic display signs can create a nuisance to surrounding uses. 4. Electronic display signs can create issues for the City in enforcement of the Code regulations. 5. Proliferation of electronic display signs will negatively affect the public health, safety and general welfare of the community. PAGE 17 Planning Case 2014 -01 Convent of the Visitation Electronic Signage Code Amendment Date: 1/22/2014 0 325 SCALE IN FEET City of Mendota Heights Proposed Sign Locations 1. Campus Directory/ Digital Display 2. Welcome Digital Display BLUEBILL DR p tzI i :<t 1 I_: L. I MENDOTA HEIGHTS RD 2 -A of entri e es GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651- 454 -0002 for utility locations, 48 hours prior to any excavation. PAGE 18 TO: Mendota Heights Planning Department FROM: Dawn Nichols DATE: January 22, 2014 RE: Letter of Intent Concerning Proposed Signage Ordinance Change Both Visitation School and the Visitation Monastery are set within a sixty -two acre site in the northwest quadrant of Mendota Heights Road and Dodd Road in Mendota Heights. The original structures were constructed in 1966 with several additions and remodels since that time. With the recent approval and construction of the Visitation STEM Center and Heart Commons projects, a comprehensive review of the existing signage was performed. With a new primary entry and additional facilities, it is extremely important to clearly communicate Visitation's brand and provide parents, visitors, and emergency responders information and way finding within the campus. Visitation is requesting a change to the Mendota Heights signage ordinance for institutional users in residentially zoned areas. This would allow new digital directories to replace two existing internally lit directories /message signs on campus. The ordinance includes several important limitations to ensure the signage fits well within the character of the neighborhood. These include: • The height of any signage shall be less than 9' tall. • Digital signage will be at least 200 feet from the property line. • Flashing text or videos will not displayed. • Messages will not change more than once every four hours. • The hours of operation of any such sign shall be limited to 6 a.m. to 10 p.m. • The sign shall auto dim according to current weather conditions. We appreciate staff's consideration and welcome the opportunity to answer any questions concerning this project. Sincerely, Dawn Nichols, Ed.D. Head of School Convent of the Visitation School PAGE 19 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Office Use Only. Case #: - o i Fee Paid: 0 Application Date: / 6 / `-'1 Staff Initials.' Applicable Ordinance #: r> Section: I 5" Existing Zoning: /1 I Proposed Zoning: 12-- I Existing Use: //'' °A 1"-S /C t Proposed Use.. s A Property Address/Street Location: 2455 Visitation Drive Applicant Name: Dawn Nichols, Visitation School Phone: 651-683-1710 Applicant E-Mail Address: dnichols@visischool.org Applicant Mailing Address: 2455 Visitation Drive, Mendota Heights, MN. 55120 Property Owner Name: Convent of the Visitation School Phone: 651-683-1710 Property Owner Mailing Address: 2455 Visitation Drive, Mendota Heights, MN. 55118 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) S 3/4 OF S 1/2 OF NE 1/4 LYING W OF JEFFERSON HGWY EX N 600 FT & EX W 200 FT EX PT IN PARCEL 202 OF STH R/W PLAT NO 19-53 Parcel Number: 270350005010 Plat: Section 35 Township 28 Range 23 Type of Request: O Rezoning O Variance O Subdivision Approval 1:1 Conditional Use Permit 0 Wetlands Permit CI Critical Area Permit • Other: Amendment to the City Code L3 Conditional Use Permit for PUD L3 Preliminary/Final Plat Approval L3 Comprehensive Plan Amendment I hereby declare that all statements made in this r quest and on the additional material are true. ct the abo e property during daylight hours. iiI further authorize City Officials and ents to in - ( ignature of Applicant - ft2 1 Date ' 51ef kt br21/1,i4.2.- V114 VI4elei V#I4 44. J4, IA Signature of Owner Date tow Signature of Owner (if more than one) Date Planning Application (modified 12/6/2013) Page 1 of 1 PAGE 20 Proposed Amendment to the City of Mendota Heights Code of Ordinances 5 January 2014 12- 1D -15: Signs 11. Signs in R Districts: 7. As a Conditional Use in an R District, a principal Institutional Use may install up to 2 freestanding electronic message boards, provided that each of the following requirements is met: a. The total size of any such size structure shall not exceed 75 square feet. b. The height of any such sign structure shall not exceed 9 feet. c. The area of any such digital display shall not exceed 30 square feet per face. d. The minimum distance between the face of any such sign and any property line shall be 200 feet. e. Any such message shall not change more than once every 4 hours except for emergency warnings. e. The hours of operation of any such sign shall be limited to 6 AM to 10 PM. f. Any such sign shall be limited to static letters and numbers. There shall be no animation, scrolling, flashing or video. g. Any such letters or numbers shall be large enough to be read from a distance of 50 feet. h. Any such letters or numbers shall not exceed 0.3 foot - candles above the ambient light as measured using a brightness meter at a preset sign -to- viewer distance of 60 feet. Any such sign shall be equipped with a sensor that detects the ambient light level and adjusts the brightness of the sign accordingly. i. If any such sign malfunctions, the owner shall shut it off. November 18, 2013 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 PAGE 21 DAKTRDN I CS Re: Proposed Electronic Message Board for Visitation School To Whom This May Concern: We would like to provide the following comments and explanation regarding the proposed Daktronics Electronic Message Board for Visitation School in Mendota Heights, MN. Daktronics, Inc is the world leader in the design and manufacturing of electronic display systems. We are committed to providing LED displays that adhere to the regulatory environment, working closely with our customers for a responsible approach to the market. Although Section 12- 1D -15.E does not allow animated or flashing signs within R, B -1 or B -2 districts, please consider the following information regarding the proposed electronic message board. Aesthetics of Electronic Message Boards Manual changeable copy signs have the potential for mis- matched letters and bland fonts, unlike electronic signs, which allow for clear, easy to read messages. Electronic message boards improve the aesthetics of a community, when properly regulated. The proposed sign for Visitation School is located within the school's property, several hundred feet from the nearest roadway and thus, far away from any other signage. As a result, with the addition of such sign at Visitation School, the city of Mendota Heights will still maintain its residential character. Safety It is important to note several studies have been performed over the years reviewing whether electronic signs are a hazard to traffic safety. None have shown these signs are a hazard. Methods of operation have already been developed and approved by the Federal Highway Administration as well as the majority of states that appropriately regulate this valuable technology. Also, I have included a link with additional safety studies, http : / /dakfiles.daktronics.com /. In particular, note the Texas A &M on- premise safety study that was completed. This study also concluded that on- premise signs did not lead to an increase in crashes. To view this study, click on the link, select "Safety Studies" and look for the Texas A &M study. Considering the studies performed evaluated the safety of electronic signs along roadways with much higher speeds than average parking lot speeds, the proposed electronic sign will not create any additional safety hazards. Automatic Dimming Technology 0 DAKTRON I CS PAGE 22 DAKTRDN 1 C5 The perceived brightness of an LED sign is dependent on a variety of factors. Ambient light conditions play the largest role in impacting the brightness of the display. An LED sign communicates its messages by emitting light. It therefore must not be too dim, since it cannot be distinguished in sunlight; nor should it be too bright, as the image will be distorted and difficult to read. During the course of the day, the sign will periodically adjust its brightness levels to ensure it is operating appropriately. Automatic dimming technology is an asset as it ensures electronic signs are not overly bright, given the ambient light conditions. This adjustment is possible because of the photocell /light sensor. Daktronics' LED signs come equipped with a light sensor, which detects the ambient light level, and adjusts the sign's brightness accordingly. Brightness The sign comes equipped with the ability to not exceed the Illuminating Engineering Society of North America (IESNA) -based standards of 0.3 foot candles above ambient light as measured using a brightness meter at a preset sign -to- viewer distance; in this case 50 feet (distance calculated using the square root of the area of the sign times 100). The nearest residential areas, across Lake Drive, are located over 300 feet away from the proposed sign. Since the illumination levels will continue to decrease as the distance away from the display increases, the light visible to the residential areas would be minimal and most likely immeasurable. Also, the presence of other ambient light from adjacent roadways, parking lots, streets, the moon, etc. further reduces the measureable light from the proposed digital on- premise sign. For example, the Illuminating Engineering Society of North America standards (as compiled by the International Dark Sky Association) for outdoor illumination dictate that average lighting for local roadways should be 0.4 foot candles. When considering the sign is equipped with the ability to not exceed 0.3 foot candles above ambient light at its highest illumination on the roadway, the light from said display would be absorbed by the light from the school, the parking lot and Lake Drive, located near the proposed sign location. Community Benefit The proposed electronic message board for Visitation School would actually benefit the community as a whole, especially families with students that attend Visitation School. Such sign would allow school administrators to more effectively relay information about school activities and events as a message could be changed with a few clicks of a button. Additionally, the sign would allow administrators to display multiple messages throughout a single day, which is useful when needing to relay several announcements at one time. A manual changeable copy sign severely limits the amount of information that can be relayed and frequently does not allow for several different messages to be relayed at once, without cluttering up the sign. The ability to display different messages will increase the school's communication with its students and families. An increase in communication to students and families served by Visitation School increases the chance of such individuals' involvement with the school and the community as a whole. Please let us know if you have any questions. Best Regards, DAKTRONICS, INC. 0 DAKTRON I CS ai,e4- 6,eiy Angela Bailey State and Local Regulatory Affairs 605 - 692 -0200 Ext. 56808 PAGE 23 DAKTRDN 1 GS 0 DAKTRON I CS 02 OPUS THE OPUS GROUP www_opus- group_cam Opus AE Group, Inc. 7. Approximate Sign "=} Location - \ \ - :�� w�\ \\‘%-..- Approximate Sign ' = Location . • / �1 1 \'.- ~ice rrr=- j 7" ti a= 6r+e — / Bog- - 4 -_ PAGE 24 Project Qgad 01/ Date i1 /i8 //6 By Sheet of Measurement Summary Closest School building to Visitation property line: 160' Closest School building to adjacent property line: 232' Distance from visual display board to adjacent property line: 337' Ul S1 I /rT i Ccl-t-COL- 100 ' Hoe) ' Exhibit B New Signage PAGE 25 SIGNAGE DETAILS 30'- CLEARANCE HEIGHT PER NATIONAL CLEARANCE CODE 9 10 10' -6" • 1 I A 1•k SCI.I•SL MONASTERY SCHOOL 1 Caen, 'arc m Parking t• t• IIIIIIIIIIIIIIIII 51 -4" / / 1 Er) SIGNAGE TYPE #1 'Entry Gate" SURFACE AREA: 136 SF QUANTITY: 1 1 J 11' -8" / / SIGNAGE TYPE #2 'Campus Directory & Digital Display' SURFACE AREA: 75 SF QUANTITY: 1 CLEARANCE HEIGHT - OPEN .DIGNAGE TYPE #3 'Secondary Directory' SURFACE AREA: 30 SF QUANTITY: 2 SIGNAGE TYPE #4 'Future Way Finding' SURFACE AREA: TBD QUANTITY: TBD SIGNAGE TYPE #4 'School Gate' SURFACE AREA: 30 SF (15 SF /unit) QUANTITY: 1 NELSON Nelson Upper Midwest Operatlng Company, to a licensed affllate 1201 Marquette Avenue South - Suite 200 Minneapolis, MN 55403 Phone : (612) 822 -1211 (612) 822 -1886 Consultant Client Description No Convent of the Visitation School-STEM and Heart Visitation School Signage 2455 Visitation Drive Mendota Heights, MN 55120 Pro,t Title & Address EXTERIOR SIGNAGE DESIGN Sheet Title Pro] No 12 01007 00 Drawn By PM Pro,t Manager Prepared By Designer Date MG Reviewed By Checker Date Approved By APPROVER Date A1.1 ELL DIMENSICILS END CCILDITIO 5 MUST BE CHECKED END VERIFIED PRIIDR'TO PROCEEDING WITH TH WORK. @NELSON 2012 L RIGHTS RESERVED NOTES: 1. All surface area calculations provided exclude structural foundation composed of brick and concrete. 2. Signage 'Types' are organized as order of arrival to site. FINISH MATERIALS: BRONZE METAL WHITE METAL PLATE RED ACCENT METAL PLATE CONCRETE BRICK NELSON Visitation School Signage Standard Design 3 PAGE 26 Exhibit B New Signage 2 CAMPUS DIRECTORY /DIGITAL DISPLAY 1 is rV rr jt ISITATIQN SCHOOL p MONASTERY Admissions Visitors SCHOOL b Foley Fine Acts Heat Gymnasium Pulsing any.'SPZra".1/0! NM Man ftriZ7' MIMI= n ` tt�sr~ i NELSON Visitation School Signage Standard Design 5 PAGE 27 Exhibit B New Signage 6 WELCOME DIGITAL DISPLAY 1 Vi5itrati0ri School t.1 =MI IMMO .- �_ r -- ∎ ∎1 ∎.∎ MINIM •----- - - - - -- ! ∎=1•-- !MMI OM MN WO M-- - - =nPN =NEM NI •_----------l---s- - - -1 ∎ ∎1 I■ - - - -i— � __-- l-- - -N =I∎ I=A - - - - -- — —1 -- - - - -- __■ __--------------i— - - - - - -- —i•— ___l_I•_■ 6-10- Visitation School Middle School Tailgate Friday, September 20 5 -7p.m. Saint Thomas Academy Visitation Schocd Furnish and Insta 11(11 • x °- 0" SIF LED 111ur1:natea bier ur.1en` EJIg'1 A. AI:JrniriJm AI: Fr1 ntJrri Foc Fini =.Fi i PMr : #` D.: ou eci Fac,e _a:.keo it _exan Lcrp9 Rcutied Cir ale ,w th r5.1, Surrac, 1 -r n.ucert., i ly1- Vector Graphic Needed for Production C. 2' • D- x S' • 1... Ful'. C- -crlcr 2 C rnrn hv' E sage 0n-l:Cr C p1 icr al 'ra a I Ccr °r G brie k l a fe ay' L'tb 'r} For Guricept . Text Square F]:: '10Sq.J.are Feet Video Di_ -play ScIuare F Stti Vie: 24.4 Sclua Feet 4 SPECTRUM alanc. r2.1 ,44.e 7S3 al} 7227 l CJ._Je.�131 MEIZEMEIMEREM • • ...! 1 55 1 2C- Customer Approval Date NELSON Visitation School Signage Standard Design 8 Planning Case 2005-12 Draft Zoning Amendment Language Electronic Message Boards in the R-1 District City of Mendota Heights Dakota County, Minnesota Ordinance AN ORDINANCE AMENDING SECTION 12-1J-5 J. OF THE MENDOTA HEIGHTS CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR THE REGULATION OF ELECTRONIC MESSAGE BOARD SIGNS. The City Council of the City of Mendota Heights hereby ordains: Section 1. Section 12-1J-5 J. is hereby amended to add the following: 12-1J-5 J. 6. Notwithstanding other prOvisions in this Section to the contrary, signs with an electronic message board component may be constructed as a Conditional Use, pursuant to the following conditions: a. The proposed sign is an accessory use to an institutional use in an R-1 Zoning District (including schools, places of worship, or government facilities). b. No such sign may be located closer than 500 feet from any property containing a residential use. c The proposed sign is located along an arterial roadway only (including Trunk Highway 110, Trunk Highway 55, Trunk Highway 13, Interstate Highway 35E, or Interstate Highway 494). d. The proposed message board is no greater than 32 square feet in area and 8 feet in height. e. The message may be changed no more than one time per day. No sign may present flashing, blinking or scrolling messages, and the message shall remain stationary, except for the one 'allowed change. 8 f. If freestanding, such sign shall be the only freestanding sign on the subject property. Section 2. This Ordinance shall take effect and be in full force from and after its passage and publication. ATTEST: , City Clerk AYES: NAYS: 9 , Mayor 1i PAGE 29 PAGE 30 Planning Case 2005-12 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 05-41 A RESOLUTION DENYING AN APPLICATION FOR A ZONING ORDINANCE AMENDMENT, CONDITIONAL USE PERMIT, AND VARIANCES FOR AN ANIMATED DIGITAL SIGN OR ELECTRONIC MESSAGE BOARD SIGN AT 1897 DELAWARE AVENUE WHEREAS, Mr. Richard J. Fretschel has applied for a Zoning Ordinance Amendment, Conditional Use Permit and Variances for an Animated Digital Sign or "Electronic Message Board Sign" as described in the application for such sign at 1897 Delaware Avenue [Section 25 Twn 28 Range 23 SE 1/4 of NE 'A Less Hgwy 98/100 A Ex Pt for St (Parcel ID: 27 02500 010 03)] as proposed in Planning Case #05-13; and WHEREAS, signs listed in Zoning Ordinance Section 12-1J-5 G are "Prohibited Signs", and WHEREAS, said sign constitutes a Prohibited Sign within the meaning of Zoning Ordinance Section 12-1J-5 G 2, 3 and 8., and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on May 24, 2005; and WHEREAS, The Planning Commission, because of a tie vote, did not make a recommendation to the Council to either approve or deny the Zoning Ordinance Amendment, Conditional Use Pena and Variances for an Animated Digital Sign or Electronic Message Board Sign as presented to the Planning Commission on the evening of May 24, 2005 and as shown in Planning Case #05-13; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Zoning Ordinance Amendment, Conditional Use Permit and Variances for an Animated Digital Sign or Electronic Message Board Sign for 1897 Delaware Avenue as proposed in Planning Case #05-13 is hereby denied. BE IT FURTHER RESOLVED that in support of the above denial, the Council hereby makes the following Findings of Fact: 1. Mendota Heights is a predominately low density residential city. The Council finds that Animated Digital Signs or Electronic Message Board Signs conflict with and will reduce the low density residential character of our community by providing a more retail/commercial appearance. 2. Animated Digital Signs or Electronic Message Board Signs can create a distraction to drivers which might result in traffic accidents and endanger public safety. 3. Animated Digital Signs or Electronic Message Board Signs can result in a nuisance to surrounding properties because of the brightness of lights used therein. 4. Limitation of propagation of Animated Digital Signs or Electronic Message Board Signs is likely to create enforcement issues for the City in enforcement of its zoning regulations. 5. Proliferation of Animated Digital Signs or Electronic Message Board Signs within the City will negatively affect the public health, safety, and general welfare of the community. 6. The variances are not necessary in order to put the property to reasonable use because the property is currently used by Henry Sibley High School. 7. There are no unique circumstances pertaining to the applicant's property or this request, not caused by the owner that create a sufficient hardship to justify any of the requested variances. 8. Approval of the requested variances will alter the essential character of the neighborhood by imposing a more retail /commercial characteristic on this primarily residential neighborhood. BE IT FURTHER RESOLVED that the Zoning Ordinance Amendment, Conditional Use Pelinit and Variances for an Animated Digital Sign or Electronic Message Board Sign for 1897 Delaware Avenue as proposed in Planning Case #05 -13 would have an adverse impact on the health, safety, and general welfare of the citizens of the community and the surrounding land, and would be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights This 21st day of June, 2005. ATTEST: CITY COUNCIL CITY OF MENDOTA H IGHTS By ÷e-ea,--- /(4c�.r�- ,e.._-Ai._- Kat M. Swanson, City Clerk By John PAGE 31 PAGE 32 INSTITUTIONAL USES R -1 & R -1A Zoning Districts Planning Case 2014 -01 Date: 1/22/2014 0 3,500 SCALE IN FEET City of Mendota Heights Zoning Districts R -1 R -1A • R -2 • R -3 MR -PUD HR -PUD B -1 B -1 A B -2 B -3 B -4 MU -PUD State Park Institutional Uses (w /in R -1 & R -1A) Institutional Uses 1) Somerset Elementary School 2) St. Paul United Methodist Church 3) Henry Sibley High School 4) Mendota Elementary School 5) Holy Family Maronite Church 6) City Hall /Police Department 7) Beth Jacob Congregation 8) St. Peter's Church 9) Acacia Park Cemetery 10) Resurrection Cemetery 11) Fire Hall 12) St. Thomas Academy 13) Convent of the Visitation School 14) Friendly Hills Middle School 15) Mendota Heights United Church of Christ 16) Country Day School ;eiiiir: g;mr own l 'N�I�..n►�d _mm ::g:: 1 ` i�IIICI�llllllll� is tv -41 ..... "14° 10:RAW = 11111 lllll 1111 mmllnnII/ Document Path: I: \Planning \2014\2014 -01 Visitation Digital Sign Code Amendment \Maps \Institutional Uses_Case 2014- 01.mxd PAGE 33 CITY WHERE ALLOWED STANDARDS Brooklyn Park Appears to be acceptable in all districts • 2- minute hold time Champlin CUP in the commercial and industrial districts; and residential areas if applied to a church or school • 10- second hold time • Sign must be off between 9 pm and 7 am Crystal Appears to be acceptable in all districts • Minimum of 3- seconds within the reader board frame Fridley By special use permit in all districts except residential — unless sign is for an Institutional Use (churches, schools, hospitals) • 45- second hold time • Must be 50' from residential Golden Valley Appears to be acceptable in all districts • Message that changes more than once per 24- hour period, except displaying only the time and /or temperature. Maplewood Business Commercial or Heavy or Light Industrial districts only • Static and maintained for a minimum of 2- minutes • 200 ft. from any structures for residential purposes or from any park or open space land use district Minnetonka CUP use in residential districts, all other districts permitted • Main display must be static for 20 minutes • Time /temp /date allowed every 3 seconds New Hope Government buildings and structures, public, quasi - public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions such as churches, chapels, temples and synagogues • Once every 5 seconds • Images and messages must be static • 100 feet from any residential use unless they are screened from the adjoining residential property Plymouth Permitted for non - residential uses in residential zones and in the "Public Institutional Zones" • 32 sf. max sign area (in res. Zones); 64 sf. in PI Zone • 50 -ft. from side and rear lot lines (set back no less than 100 -ft. from residentially guided or used properties) • 15- minute hold time • Time /temp /date may change • Color amber or white only • Sign must be off between 10:30 pm and 6:00 am Richfield Nonresidential uses in residential districts, all other districts • Dynamic displays may occupy no more than 35% of the actual copy and graphic area • 60- seconds / static message • Time /date /temp may change every 3 seconds Shoreview Residential and Business districts • Non - residential districts: 1 hour and must be a static • Residential districts: 2 hours and must be a static • Residential districts, sign shall use an amber color West. St. Paul Business and Industrial districts • 8- second change interval • Signs must be located 75 ft. apart Burnsville Commercial and Industrial districts • 30- second change interval • Not to exceed 0.5 foot - candle at property line of residential zone Eagan CUP in residential districts, allowed in all others • 20- minute change interval • No continuation of text (scrolling) • 7 -inch minimum text size on roads 25 -34 mph PAGE 34 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 460 — AS PROPOSED BY APPLICANT AN ORDINANCE AMENDING SECTIONS 12 -1B -2 AND 12 -1D -15 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, PROVIDING FOR THE REGULATION OF ELECTRONIC DISPLAY SIGNAGE FOR INSTITUTIONAL USES IN THE R -1 ONE FAMILY RESIDENTIAL ZONING DISTRICT The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Section 12 -1B -2 is hereby amended to read as follows: INSTITUTIONAL USE: Uses operated as schools, places of worship, or government facilities. Section 2. Section 12 -1D -15 H. is hereby amended to read as follows: 7. As an Accessory Use to a principal Institutional Use in an R District, up to two (2) freestanding electronic message boards are allowed, provided that each of the following requirements is met: a. The total size of any such size structure shall not exceed seventy five (75) square feet. b. The height of any such sign structure shall not exceed nine feet (9'). c. The area of any such digital display shall not exceed fifty (50) square feet. d. The minimum distance between the face of any such sign and any property line shall be two hundred feet (200'). e. Any such message shall not change more than once every four (4) hours except for emergency warnings. f The hours of operation of any such sign shall be limited to 6 AM to 10 PM. g. Any such sign shall be limited to static letters and numbers. There shall be no animation, scrolling, flashing or video. h. Any such letters or numbers shall be large enough to be read from a distance of fifty feet (50'). Any such letters or numbers shall not exceed 0.3 foot - candles above the ambient light as measured using a brightness meter at a preset sign -to- viewer distance of 50 feet. Any such sign shall be equipped with a sensor that detects the ambient light level and adjusts the brightness of the sign accordingly. j. Any such sign shall automatically turn off or show only black when a malfunction occurs. Section 3. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this ## day of Month, 2014. ATTEST w CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor %pi Lorri Smith, City Clerk ► PAGE 35 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 460 — AS PROPOSED BY STAFF AN ORDINANCE AMENDING SECTIONS 12 -1B -2 AND 12 -1D -15 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, PROVIDING FOR THE REGULATION OF ELECTRONIC DISPLAY SIGNAGE FOR INSTITUTIONAL USES IN THE R -1 ONE FAMILY RESIDENTIAL ZONING DISTRICT The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Section 12 -1B -2 is hereby amended to read as follows: INSTITUTIONAL USE: Uses operated as schools, places of worship, or government facilities. Section 2. Section 12 -1D -15 H. is hereby amended to read as follows: 7. By conditional use permit, an institutional use in the R -1 or R -1A zoning district which is allowed either as a permitted or conditional use may install one (1) freestanding electronic display sign, provided that each of the following requirements are met: a. The sign shall not exceed one hundred (100) square feet in area per surface. b. The sign shall not exceed nine feet (9') in height from the average natural grade at the base of the sign. c. The total area per surface for an electronic display is not to exceed fifty percent (50 %) of the maximum allowable sign size. d. No part of the sign shall be less than two hundred feet (200') from any external property line. e. The electronic display message shall not change more than once every four (4) hours, except for emergency safety messages. Time and temperature readings included on the static message display may change. f The hours of operation shall be limited to 6:00 A.M. to 10:00 P.M. g. The electronic display message shall be limited to static letters and numbers. No portion of a message may contain animation, video or audio, scroll, flash, twirl, fade, or change color. PAGE 36 h. The electronic display message shall be a minimum of four inches (4 ") in height or larger as necessary to ensure readability. J. Brightness shall not exceed 0.3 foot - candles above the ambient light as measured using a brightness meter at a preset sign -to- viewer distance of sixty feet (60'). The sign must be equipped with a sensor that detects the ambient light level and adjusts the brightness of the sign accordingly. Malfunctioning signs shall be shut off immediately by the owner. Additionally, the sign owner shall immediately stop the display if notified by the City that the sign is noncompliant. k. The sign shall be constructed in monument style fashion, including a base of natural stone, brick or other masonry material. 1. The sign are shall be landscaped with materials subject to a plan a submitted with the application approved by the City Council. 8. By conditional use permit, an institutional use in the R -1 zoning district which is allowed either as a permitted or conditional use may qualify for an additional freestanding electronic display sign, provided that the requirements of Section H.7. above are met and each of the following additional requirements: a. The parcel on which the sign is proposed may be no less than forty (40) acres in size. b. The sign is located a minimum of three hundred feet (300') from any external property lines. c. Landscaping shall be installed to completely screen the sign from any surrounding residential uses. Section 3. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this ## day of Month, 2014. ATTEST Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor PAGE 37 U �� Affidavit of Publication State of Minneso 8G County of Dakota &NNE'MIL0EN being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as REVIEW stated below: . and has full knowledge of the facts which are PAGE 38 (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, ^`~33107 and other applicable laws, as amended. (B) The printed ^"`'T^^'E OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each veek, for 1 successive weeks; it was first published on SUNDAY , the 12ro day of JANUARY , 2014 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: Subscribed and sworn to befor me on 13TH �im I3 day of JANUARY . n l4 ~& ~~' Notary Public *Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEAD RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate atlowed by Iaw for the above matter $250O per col. inch (3) Rate actually charged for the above matter per col. inch 1/14 PAGE 39 TY OF:ENDOTAHEIGHT NOTICE OF HEARING REQUEST F A'PUBLMIC 'A S ORA ZOHEARING NINONG ORDINANCE AMENDMENT. TO ALLOW ELECTRONIC DISPLAY SIGNS siNHE R -1' ONE, FAMILY RESIDENTIAL DISTRICT. ( TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights.will meet, at 7 00 P M., or as soon as ;.possible ,;thereafter, on Tuesday 'January' .28 .,2014 in the City Hail ,Council Chambers, 1101 Victoria Curve, Mendota . Heights, Minnesota, to :'consideE _ an application from Convent of the; E Visitation School for.an amendment: to'the' Zoning Ordinance to 'allow electronic display signs within the R 1 One Family Residential' District. This request- has been assigned. Planning Case•number 2014 -01 ; This notice "is pursuant to Title 12 (Zoning), Chapter 1, Article D of; the,) Mendota Heights City Code. Such. r persons asidesire -to be.heard•withj I reference to " this req uest will be heard at this meeting.; Lorri`Smith city Clerk, (South West Review: Jan. 12, 2014),; 2013 -22 Public Hearing Notice - North Properties 0 0 0 276455000130 2350 SWAN DR ALF D & ]CAN C WIIK 276450000050 CO 2371 DODD RD ELLAN WELNIAK 276450000040 2361 DODD RD CELESTE CLAUDE ESSER 276450000170 ® 2371 KRESSIN AVE ERIC PALMER 276455000060 2371 ROGERS AVE CHARLES E TSTE MERTENSOTTO 276450000030 2349 DODD RD DALE JOHNSON 276830001050 809 HAZEL CT DANIEL COLTEN & KARE BOGG 276450000183 DANIEL 3 & ANGELA M BROOS 276455000040 2360 ROGERS AVE DANIEL 3 & ANGELA M BROOS 273190000020 0 2351 PAGEL RD H TO H PROPERTIES LLC 276450000140 0 2341 KRESSIN AVE JEFFREY ❑ & LYNN KUBAT 276455000150 0 2370 SWAN DR JENNIFER L NAAS 273190000130 807 HAZEL CT JOHN F & SANDRA A OBRIEN 273190000050 2391 PAGEL RD JOHN M & JANE H ROBBINS 276450000160 276455000080 2361 KRESSIN AVE 133 2351 ROGERS AVE DONALD G & MARJORIE CAMITSCH KRISTEN E LANCASTER 276455000180 276450000070 2351 SWAN DR m 2360 KRESSIN AVE DOUGLAS E & KAREN E HENNES MARY 3 WINIECKI 276455000140 2356 SWAN DR EDWARD M * KRISTIN M DRIEMAN 276450000090 ID 2344 KRESSIN AVE NATHAN 3 HERSHBACH Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 727 feet 11/26/2013 PAGE 40 2013 -22 Public Hearing Notice - South Properties 270350080010 0 2511 CONDON CT ❑ & D PROPERTIES 270350080022 2525 CONDON CT DICK JR & JOAN E rim 270350075020 ST THOMAS ACADEMY 270350076020 BJORKLUND ST THOMAS ACADEMY 271515101020 271515101070 0 816 WESTVIEW CIR ID 2469 WESTVIEW TER GARRY M & BARBARA RUHLMANN STEVEN R OLSEN 271515101060 0 2475 WESTVIEW TER JAY P & REBECCA A MILLER 271515101030 © 819 WESTVIEW CIR NATHANIEL KETT 271515101040 0 815 WESTVIEW CIR PAUL R & KELLY BREDEMUS 276830001040 813 HAZEL CT PAUL W & ELIZABETH WILD 276610001020 0 950 MENDOTA HEIGHTS RD ST THOMAS ACADEMY 270350051010 0 949 MENDOTA HEIGHTS RD ST THOMAS ACADEMY mil 270350081010 rmra VISITATION MONASTERY a) 270350077010 2425 DODD RD VISITATION MONASTERY D270350078010 VISITATION MONASTERY 270350078020 a3 2487 DODD RD VISITATION MONASTERY D270350076010 VISITATION MONASTERY 270350075010 CD 2391 DODD RD VISITATION MONASTERY Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 600 feet 11/26/2013 PAGE 41 PAGE 42 m CITY OF MENDOTA HEIGHTS DATE: TO: FROM: SUBJECT: APPLICANT: PROPERTY ADDRESS: ZONING /GUIDED: 60 -DAY DEADLINE: 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota- heights.com January 28, 2014 Planning Commission Nolan Wall, AICP Planner Planning Case 2014 -02 Subdivision Request for Lot Split Mark Gergen /Ruth Richardson 1134 Dodd Road R -1 One Family Residential /LR Low Density Residential March 14, 2014 DESCRIPTION OF THE REQUEST The applicant, on behalf of the property owner, is seeking approval to subdivide the existing parcel at 1134 Dodd Road into two parcels. The request requires City approval before being recorded with Dakota County. BACKGROUND The subject parcel, located at the southeast corner of the Dodd Road /Beebe Avenue intersection, is 0.92 acres (40,075.2 square feet) and contains a single family residential dwelling with access from Dodd Road (see attached Site Map). The parcel is zoned R -1 and is guided for low density residential development. The applicant has a purchase agreement for the entire subject parcel contingent on the City's approval of the lot split request. If approved and purchased by the applicant, the existing dwelling would be demolished and two new single - family homes would be constructed on the parcels. ANALYSIS Title 11 of the City Code (Subdivision Ordinance) allows the subdivision of lots, provided that the resulting lots are compliant with the requirements of the applicable zoning district. The following Code requirements apply in this case: Regulation Standard Parcel A Parcel B Lot Area Lot Width 15,000 sq. ft. I 19,945 sq. ft. 100 ft. I 99.62 ft. 19,975 sq. ft. 100 ft. As shown in the table above and attached certificate of survey, the lot width for Parcel A does not meet the 100 -foot standard. Since the original plat shows both lots were platted to be 100 feet x 200 feet and the proposed lot is only 0.38 feet short of the 100 -foot requirement, the City is willing to consider Parcel A compliant with the lot width requirement. Since the existing dwelling is proposed to be demolished, both new dwellings would be required to meet the R -1 zoning district standards for setbacks and building height. Both proposed parcels otherwise meet the R -1 lot standards. In order to avoid creating a PAGE 43 nonconforming use, the existing dwelling should be demolished prior to the subdivision being recorded by Dakota County. The subject parcel is guided LR, Low Density Residential in the 2030 Comprehensive Plan. The applicant's request to subdivide the existing parcel into two parcels, consisting of 19,945 square feet and 19,975 square feet, is consistent with the LR maximum density of 2.9 units /acre. STAFF RECOMMENDATION Staff recommends approval of the subdivision request with the following conditions: 1. The existing single family dwelling is demolished prior to the subdivision being recorded by Dakota County. 2. Park dedication fee, in lieu of land, is collected after City Council approval and before issuance of any additional permits by the City. 3. Street reconstruction assessment fee, as part of Somerset View Improvement No. 2004 -01, is collected for each lot with access from Beebe Avenue after City Council approval and before issuance of any additional permits by the City. 4. Connection charges for street, sanitary sewer and water main shall be paid prior to issuance of a building permit. 5. The applicant shall dedicate 10 -foot wide drainage and utility easements along the front property lines and 5 -foot wide drainage and utility easements along the rear property lines to be denoted on the certificate of survey submitted to Dakota County. 6. The applicant shall submit grading and utility plans and a dimensioned site plan, subject to review and approval by the City Engineering Department. 7. The applicant shall obtain approval from MnDOT for any new driveway access to Parcel A, as shown on the certificate of survey as part of the application. ACTION REQUESTED 1. Recommend approval of the subdivision request, based on the finding of fact that the proposed subdivision is consistent with the City Code and Comprehensive Plan, with conditions. OR 2. Recommend denial of the subdivision request, based on the finding of fact that the proposed subdivision is not consistent with the City Code or Comprehensive Plan. MATERIALS INCLUDED FOR REVIEW 1. Aerial Site Map 2. Planning Application, including supporting materials PAGE 44 Planning Case 2014 -02 1134 Dodd Road PID# 27- 71150 -04 -090 Date: 1/21/2014 0 40 SCALE IN FEET City of Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651- 454 -0002 for utility locations, 48 hours prior to any excavation. PAGE 45 Date: January 23, 2014 To: Nolan Wall City of Mendota Heights From: Mark Gergen Miles Realty, Representing GreenWood Design Build 612- 414 -7143 Regarding: Property located at: 1134 Dodd Road Mendota Heights, MN 55118 Interest : We currently have a fully executed Purchase Agreement on the above property with the contingency the property could be divided into 2 parcels. Our Request: Permission to divide the property into 2 single family home sites. Our intention with the property Our intention is to build 2 custom single family, new construction homes by GreenWood Design Build. Authentisign ID: 3847F854-DD75-4C0B-B2DE-0269905BDL ) PAGE 46 1101Victoria Curve 1 Mendota Heights, MN 55118 651.4523850 phone 1 651.452.8940 fax www.inendota-lieights.com CITY OF IVIENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST OSe. osedUse Property Address/Street Location: 1134 Dodd Road, Mendota Heights, MN 55118-1823 Applicant Name: Mark Gergen Applicant E-Mail Address: mark@milesrealtycorp.com Phone: 612-414-7143 Applicant Mailing Address: 3600 American Blvd W #130, Bloomington, MN 55431 Property Owner Name: Ruth Richardson Phone: Property Owner Mailing Address: 1134 Dodd Road, Mendota Heights, MN 55118-1823 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Lots 8 & 9, Block 4 Somerset View PID# 277115004090 Type of Request: • Rezoning O Variance O Subdivision Approval IN Other: Lot Split • Conditional Use Permit 0 Conditional Use Permit for PUD O Wetlands Permit 0 Preliminary/Final Plat Approval O Critical Area Permit 0 Comprehensive Plan Amendment I hereby declare that all statements made in this request and on the additional material are true. 1 further authorize City Officials and agents to inspect the above property during daylight hours. EiabalcA J . gk(a'id,wa 1/612014 3:06:43 PM / ate 1/6/2014 Signature of Owner Date Signature of Owner (if more than one) Date Planning Application (modified 12/6/2013) Page 1 of 1 S:\ Projects\ Mendota — heights \somerset — view \dwg \GERGEN — CERT- 1- 13- 14.dwg LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR DENOTES CONCRETE SURFACE DENOTES BITUMINOUS SURFACE a3MOd 0b3H2/3/10 S310N30 370d dt3MOd S310N30 32/IM .110 S310N30 370d 1H0 /7 S310N30 NOLLVA373 81H S310N30 DENOTES PROPOSED ELEVATION DENOTES EXISTING ELEVATION 8l1H 000M S310N30 DENOTES SERV /CE LOCATION DENOTES PROPOSED DRAINAGE DIRECTION DENOTES FOUND IRON PIPE MONUMENT DENOTES SET IRON PIPE MONUMENT PAGE 48 ��^ Affidavit N�U'K-=u State nfMinoemo1 Minnesota SS Coun�'of Dakota u ANlET?IlLLEN ' ^ ' ^ ' `. being duly sworn, on nmth, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as REVIEW . and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. '"~'T^ HEARING (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once each 12TH week, for 1 successive weeks; � was ��tpublished on SUNDAY , the 12 day of JANUARY , 2014 , and was thereafter printed and published on every to and including , the day of ` - . 20 | and printed below is a copy of the which ` ' d�6�notha��ndk�dof lower case alphabet hnmAtoZ,bo�indu�Ve hereby acknowledged ��" type used in the composition and publication of the notice: Subscribed and sworn to before me on th'o 13os day of}AN(lARY .2 w 14 � ` � 0� ', J�_-�'A_�� Notary Public BY: TITLE LEGAL COORDINATOR *Alphabet should be in the same size and kind of type as the notice. TONYA Notary Public-Minnesota RATE INFORMATION mv Commission Expires Jan m'20m (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowe by law for the abov matter $25.00 per col. inch (3) Rate actually charged for the above matter per col. inch 1/14 PAGE 49 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FORA LOT SPLIT AT 1134 DODD'ROAD TO WHOM IT MAY CONCERN: NOTICE hereby <�given that the, Planning Commission. of Mendota; Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, January 28 2014 in the City Hall Council 'Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mark Gergetn and Ruth Richardson to'split.,the lot currently identified as LOTS 8;& 9, BLOCK 4, SOMERSET VIEW PLAT: This request has been = assigned Planning Case number 20402. This notice s pursuant to Title 11 (Subdivision), Chapter 2f of the Mendota Heights City Code. Such persons as desire to be heard with I reference to this request will be heard at this meeting. LorrI Smith' City Clerk (South -West Reviews Jan. 12, 2014) PAGE 50 2014 -02 Public Hearing Notice (page 1) 274210008110 277115008061 0 1161 DODD RD DI 1170 DODD RD ANNE E LARSEN HELLA L TSTE MEARS 274210008051 274210008130 • 592 SPRING ST ED 1147 DODD RD ANTHONY E & CHRIS WILFAHRT JAMES P MANGOLD 274920002200 277115004050 ▪ 1100 CHIPPEWA AVE 6 BEEBE AVE AUDREY N LONGBEHN JANICE L & WILLIAM J JAWORSKI 274210008020 274210008100 ✓ 560 SPRING ST 1167 DODD RD BRIAN & CATHERINE GUDIO JASON & BRITTANY ANN ALVAREZ 274210008010 277115003040 © 548 BUTLER AVE W ▪ 7 BEEBE AVE BRUCE J CAMITSCH JEFFREY M WOLD 274210008140 277115008031 0 1135 DODD RD co 1160 DODD RD CYNTHIA J SCHMIDT JOHN D & ELAINE R SCHWARTZ 277115003080 277115003052 O 13 BEEBE AVE 9 BEEBE AVE DAVID E JR HICKS JOSEPH R & LINDA H PHILLIPS 274210008160 277115004070 0 1131 DODD RD D 10 BEEBE AVE DAVID W DANNEKER KENNETH E & KATHLEEN GOERS 277115003070 274210008050 0 11 BEEBE AVE m 584 SPRING ST EDWIN J HARRELL MARY L TICIU 274920002230 277115007120 1119 DODD RQ HELLA L TSTE MEARS MATTHEW ] & MARY M PAQUETTE Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 325 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 1/7/2014 2014 -02 Public Hearing Notice (page 2) 274210008171 1129 DODD RD MICHAEL A MOHRLANT 274210008120 1155 DODD RD MICHAEL 3 MADDEN 277115004060 0 8 BEEBE AVE MICHAEL R & THERESEA HUEG 274210008040 576 SPRING ST NEAL R & NANCY 30 DUNCANSON 274920002210 1123 DODD RD PATRICK JAMES BROPHY 274210008030 568 SPRING ST ROBERT 3 & M V WEGLEITNER 274210008090 1176 IVY HILL DR ROBERT R ALVAREZ 274210008150 0 1133 DODD RD ROGER & A SCHWARTZBAUER m 274210008170 1099 CHIPPEWA AVE ROY A & SUZAN KOCH 277115004090 0 1134 DODD RD RUTH A RICHARDSON 0 274920002190 1076 CHIPPEWA AVE SARA T PIERCE 277115001040 ® 506 NORMA LN THOMAS H MCLAUGHLIN 0 277115002040 521 ASHLEY LN WILLIAM & MARY ANN NOVOTNY Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 324 feet 1/7/2014 PAGE 51