2007.09.10 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY
September 10, 2007
7:00 p.m.
Crystal City Hall - Council Chambers
4141 Douglas Dr N
A. CALL TO ORDER
B. APPROVAL OF MINUTES
• July 9, 2007 regular meeting*
C. PUBLIC HEARINGS
1. Consider Application 2007-06 for a Conditional Use Permit and Site Plan approval
to construct a new building for showroom and detailing space for Crystal Motors
at 5241 West Broadway.*
2. Consider Application 2007-07 to amend portions of City Code Section 405
(Signs).*
D. OLD BUSINESS
1. Consider Application 2006-22 for a Conditional Use Permit to allow an
educational/classroom use at 5736 Lakeland Avenue North.*
E. NEW BUSINESS
F. GENERAL INFORMATION
1. City Council actions on recent Planning Commission items*
2. Staff preview of likely agenda items for October 8, 2007 meeting
G. OPEN FORUM
H. ADJOURNMENT
*Items for which supporting material will be included in the meeting packet
CRYSTAL PLANNING COMMISSION
July 9, 2007
A. CALL TO ORDER
PAGE 1 OF 4
The regular meeting of the Crystal Planning Commission convened at 7:01 pm with
the following members present: Nystrom, Whitenack, VonRueden, Buck, Hester, and
Strand. Also present were city staff members Sutter and Zimmermann, and Council
Liaison Anderson.
B. APPROVAL OF MINUTES
Moved by Commissioner Nystrom and seconded by Commissioner Buck to approve
the minutes of the June 11, 2007 regular meeting.
Motion carried.
C. PUBLIC HEARINGS
1. Consider Application 2007-04 for a Preliminary Plat to subdivide a
currently unaddressed parcel at 32xx Florida Ave N (P.I.D. 20-118-21-14-
0101).
(Commissioner Sears arrived during this item.)
Mr. Zimmermann summarized the staff report.
Commissioner Nystrom asked whether any wetlands would be affected. Mr.
Zimmermann said the grading and erosion control plan would be reviewed by
staff prior to any work being done, and the wetland would not be allowed to
be disturbed.
Commissioner Buck asked about an existing communications utility box at the
front of the property along Florida Avenue. Mr. Zimmermann said it is
unknown whether its location corresponds exactly with the future side lot line
between the new lots 1 and 2. Mr. Sutter said that appears to be the case from
the survey, however the utility may end up moving it once development
occurs, and they may use the platted drainage & utility easements for their
lines and equipment.
Chair Whitenack opened the public hearing.
Walt McHenry, 3329 Florida Avenue North, expressed concerns about
drainage from the wetland being blocked during construction. Mr.
Zimmermann said the wetland would not be disturbed and the drainage would
continue to occur in a similar manner.
PAGE 2 OF 4
Tom Schmitt, 3430 Florida Avenue North, asked about extent of the new
houses. Mr. Zimmermann explained that the building pads shown on the plat
are the approximate footprint of the new houses, but we won't know for sure
until we see final building plans. Mr. Schmitt asked about roof drainage being
required to go east towards Florida Avenue. Mr. Zimmermann explained that
some roof drainage would likely go west towards Outlot A because that's the
way the land slopes, and we would not require all drainage to go to Florida
Avenue. Mr. Schmitt asked whether the fiber optic runs east -west through the
middle of the site, and whether utilities would be required to stay within the
platted easements. Mr. Zimmermann confirmed the existing line runs north -
south along Florida Avenue and that they would need to use the platted
easements for additional lines.
Tad Aalgaard, 6600 32nd Avenue North, asked whether construction
equipment would be allowed to use the Georgia Avenue right-of-way and
Outlot A for access. He said during tree removal and soil testing last year
they did use Georgia. Mr. Zimmermann said they would have to show that on
their grading plan, staff would probably require them to use Florida Avenue,
and they not be allowed to disturb the wetland. Mr. Sutter said staff is
recommending there be a condition requiring the developer to show access on
their grading plan, and while we probably wouldn't bar them from using
Georgia Avenue right-of-way we can require them to restore it when they're
done. Mr. Aalgaard said there is a sewer line in the Georgia Avenue right-of-
way, and he is concerned about drainage because adjacent homeowners
sometimes get an inch or two of water in parts of their backyards in the spring.
Mr. Aalgaard asked about construction times. Mr. Zimmermann said
construction or similar activity is not to occur before 7:00 a.m.
Char Whitenack closed the public hearing, and suggested adding a specific
requirement for the developer to submit a detailed grading plan to staff before
beginning work.
Commissioner Sears stated that this is a small-scale project, and we probably
don't need to get too specific in our conditions because this project is similar
to other house building projects in Crystal.
Mr. Sutter said he was incorrect earlier, the staff report does discuss the need
for a detailed grading plan, but it does not include it as a specific condition of
approval; and based on the public comments the Planning Commission should
add it as a specific condition; and that this project is different because of the
combination of the need for soil correction and the presence of Outlot A.
Commissioner Sears asked if the developer owns Outlot A. Mr. Sutter said
they do.
Moved by Chair Whitenack and seconded by Commissioner Nystrom to
recommend to the City Council to approve Application 2007-04 for a
PAGE 3 OF 4
Preliminary Plat to subdivide a currently unaddressed parcel at 32xx Florida
Ave N (P.I.D. 20-118-21-14-0101).
Findings of fact are as stated in the staff report, with an additional requirement
to show access and stockpile areas on the grading and erosion control plan.
Motion carried 6-1 with Nystrom, Whitenack,
VonRueden, Buck, Hester and Strand voting
aye, and Sears voting nay.
2. Consider Application 2007-05 to amend Section 515.45 (C-1,
Neighborhood Commercial) to allow residential uses as a conditional use.
Mr. Sutter summarized the staff report.
Chair Whitenack opened the public hearing.
Tom Schinitt, 3430 Florida Avenue North, asked if such a Conditional Use
Permit need to be renewed as ownership changes. Mr. Sutter said no, it would
run with the property provided the use continues to meet the requirements of
the code and is not discontinued for more than one year. Mr. Schmitt asked if
it's a residence in the C-1 district can it be sold without any concern for the
buyer. Mr. Sutter said the new code would allow residential uses as accessory
uses to a commercial use, not as free-standing homes.
Chair Whitenack closed the public hearing.
Chair Whitenack asked if free standing residential buildings would be
permitted. Mr. Sutter said no, the residential use cannot exceed the floor area
of the commercial use. Current code allows primarily residential areas zoned
R-2 or R-3 to have limited commercial uses by CUP so the proposed change
for the C-1 district is the flip side of those existing provisions.
Moved by Commissioner VonRueden and seconded by Commissioner Sears
to recommend to the City Council to approve Application 2007-05 to amend
Section 515.45 (C-1, Neighborhood Commercial) to allow residential uses as
a conditional use.
Motion carried.
D. OLD BUSINESS
E. NEW BUSINESS
F. GENERAL INFORMATION
PAGE 4 OF 4
Chair Whitenack thanked Valerie Matthews for her service. Mr. Sutter said she has
moved on to another job, the city will begin the recruitment process immediately, and
in the interim he and Jason would perform her duties.
Commissioner Sears questioned whether electric power lines would be adequate for
heavy industry, if the city were to have such a zoning classification.
Commissioner Strand asked what is happening with Brunswick Villas townhomes at
6xxx 32"d Avenue North. Mr. Sutter said their completion deadline was June 30th and
the city would proceed with hiring contractors to complete the site improvements and
get reimbursed from developer's letter of credit.
Commissioner Sears asked about the pond at Brunswick Villas. Mr. Sutter said it
may not be ideal but it does meet the engineering requirements and was required to
provide stormwater treatment on the site, and that finishing the site improvements and
cleaning it up will make it less of an eyesore. Commissioner Sears expressed concern
about long term issues with the homeowner's association not being willing to deal
with the pond. Mr. Sutter said that may be a problem in the future and if it becomes
an enforcement issue then the city will have to deal with it.
G. OPEN FORUM
Tom Schmitt, 3430 Florida Avenue North, asked whether wind turbines are allowed
because they're not mentioned in the code. Mr. Sutter said they are not listed as a
permitted accessory use so they are not permitted. Mr. Schmitt asked that the code be
changed to allow small wind turbines. Mr. Sutter said it's not obviously wrong to
prohibit wind turbines in an urban area, but the Planning Commission or City Council
could vote to initiate a text amendment, or any citizen could submit such an
application.
H. ADJOURNMENT
Moved by Commissioner Buck seconded by Commissioner VonRueden to adjourn.
Motion carried.
The meeting adjourned at 8:00 p.m.
Chair Whitenack
Secretary Hester
M E M O R A N D U M
DATE: September 4, 2007
TO: Planning Commission (September 10th meeting)
FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator
SUBJECT: Public Hearing: Consider Application 2007-06 for a Conditional Use Permit
and Site Plan approval to construct a new building for showroom and
detailing space for Crystal Motors at 5241 West Broadway.
A. BACKGROUND
The subject property consists of 2.2 acres and is currently used by Crystal Motors for
vehicle sales. The applicant is proposing a 9,539 square foot free-standing single story
showroom building with an area for vehicle preparation and detailing. The existing
building on site would remain to be used as office space for sales staff. The existing
residential -style garage will be demolished to make room for the proposed building.
The property is zoned C-2 General Commercial. Motor Vehicle sales is a conditional
use in the C-2 district. Site plan review is required for the new building. Notice of the
public hearing was published in the Sun Post on August 30, 2007 and mailed to all
property owners within 350 feet of the property. At the September 10, 2007 meeting,
the Planning Commission will hold the public hearing and may make a recommendation
for the City Council to consider at its September 18, 2007 meeting.
The following Exhibits are attached:
A. Plat map showing the subject property.
B. Aerial photo showing the subject property.
C. Narrative submitted by applicant.
D. Site plan.
E. Floor plan.
F, Building elevations.
G. Boundary and topographic survey.
CONDITIONAL USE AND SITE PLAN REVIEW - CRYSTAL MOTORS (5241 WEST BROADWAY)
PAGE 1 OF 5
H. Grading, drainage and erosion control plan.
I. Pavement removal plan.
J. Utility plan.
B. STAFF COMMENTS — SITE PLAN
1. Building. Exterior finishes will be approximately 80% masonry and glass and 20%
E.I.F.S. over masonry. Colors have been selected to coordinate with the existing
Showroom/office building. Heating and ventilation requirements will be met with
rooftop mechanical systems.
The building will be 9,539 square feet and will be the automobile showroom for the
business. In addition, the building have 3 vehicle clean up stalls to prep and service
vehicles to be sold. The proposed building will become the principal building on the
lot. The existing building will be used as office space for the sales staff and will be
considered an accessory building to the new showroom. The existing
showroom/office building may not be leased out to other motor vehicle sales
businesses, as it would then create a second principal building on the lot which is
prohibited.
Comments from West Metro Fire District:
• A fire department lock box will be required. Order form available from
West Metro Fire Rescue Prevention Staff.
• The building is over 2,000 s.f. and will be required to be completely
covered by an approved automatic sprinkler system. A sprinkler permit is
required by the City of Crystal before system installation is started.
• All access doors leading to fire protection, mechanical and electrical
equipment shall be labeled as such.
• Fire extinguishers shall only be located in the garage area and the
mechanical room.
• Fire lane signs will be required in front of the fire department connection
when location is decided with sprinkler plan review.
• One fire hydrant will be required within 100 feet of the fire department
connection. Verify that hydrant placement will ensure maintained access
at all times.
CONDITIONAL USE AND SITE PLAN REVIEW - CRYSTAL MOTORS (5241 WEST BROADWAY)
PAGE 2OF5
2. Parking area. There are no plans for major changes to the parking lot.
However, portions of the parking area will be reconfigured and angled parking
spaces will be added to the eastern and southern portions of the lot. Staff does
have a concern with the layout of the angled parking, in that it forces vehicles
entering the site from Douglas Drive and West Broadway to the left, rather than
the right which is the norm. Staff recommends that the applicant be required to
change the layout so incoming traffic keeps to the right.
Staff recommends that the applicant be required to tie the curbing around the
perimeter of the parking area into the new building. There is an area behind the
building that will be essentially open space that is not going to be used for
parking. By tying the curbing into the building, this will eliminate any desire for
vehicles to park or drive behind the building or for any other type of equipment to
be stored there. This area shall be landscaped with turf or other acceptable
forms of landscaping.
The area leading into the clean-up bays is only 20 feet from the edge of the
building to the curb. This needs to be 24 feet, as required by code, and to
ensure that vehicles have adequate maneuvering space to enter and exit the
bays. This setback can be met by shifting the building 4 feet to the southwest.
Customer parking spaces shall be clearly marked as such with signage, in
particular, those spaces immediately adjacent to the showroom.
3. Signs. Sign plans were not submitted with the application. Permits are required
prior to installation of signs.
4. Landscaping.
A landscape plan was not submitted with this application, and is not required.
There is sufficient landscaping along both West Broadway and Douglas Drive.
However, staff does recommend that the applicant be required to plant a
minimum of 3 deciduous shade trees near the southwest corner of the lot in the
area between the property line and parking lot. Specific species and location of
these trees would have to be approved by the City Forester before installation.
CONDITIONAL USE AND SITE PLAN REVIEW - CRYSTAL MOTORS (5241 WEST BROADWAY)
PAGE 3OF5
Q. RECOMMENDATION
Staff recommends approval of the submitted plans for a Conditional Use Permit and
Site Plan Review for the construction of a new showroom building with vehicle
preparation and detailing space to be used as at 5241 West Broadway, subject to the
following conditions:
1. There is no outdoor parking or storage of inoperable, unlicensed, abandoned or
junk vehicles.
2. There is no repair work of any kind on vehicles unless an additional conditional
use permit for such use is also approved by the City Council.
3. No vehicle or equipment shall exceed 32 feet in length.
4. The establishment is fully screened from any R-1, R-2 or R-3 district.
5. There is adequate screening and buffering between the establishment and
adjacent uses.
6. The showroom building is the principal building on the lot. The existing, L-
shaped building is accessory to the showroom building and is to be used as
office space for Crystal Motors staff. This building is not to be leased out to
other businesses for sales or showroom space.
7. Customer parking shall be clearly marked with signage.
8. The direction of the one-way aisles in the parking and vehicle sales lot shall be
reversed so that vehicles bear right instead of left.
9. New signage requires a permit prior to installation.
10. 3 deciduous shade trees shall be planted at the southwest corner of the property.
The trees shall be planted 25-30 feet apart.
CONDITIONAL USE AND SITE PLAN REVIEW - CRYSTAL MOTORS (5241 WEST BROADWAY)
PAGE 4 OF 5
The suggested findings of fact are that the proposed use would be consistent with the
Comprehensive Plan and city code, provided the recommended conditions are met.
Planning Commission action is requested. The City Council would consider the
Planning Commission's recommendation at its meeting on September 18, 2007.
CONDITIONAL USE AND SITE PLAN REVIEW - CRYSTAL MOTORS (5241 WEST BROADWAY)
PAGE 5 OF 5
The suggested findings of fact are that the proposed use would be consistent with the
Comprehensive Plan and city code, provided the recommended conditions are met.
Planning Commission action is requested. The City Council would consider the
Planning Commission's recommendation at its meeting on September 18, 2007.
CONDITIONAL USE AND SITE PLAN REVIEW - CRYSTAL MOTORS (5241 WEST BROADWAY)
PAGE 5 OF 5
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WELMAN
SPERIDES
A r c h i t e c t s
MEMORANDUM
Date: August 17, 2007
From: Eric A. Reiners, AIA
To: City of Crystal
Project: Crystal Motors
WSA 07-046
Subject: PROJECT NARRATIVE
Copy: Barabara Christianson, Crystal Motors
Al Crain, Crystal Motors
Jeff Engelsma, Engelsma Construction
File
Attached to this correspondence is the Site Plan Review package for the City of Crystal.
Crystal Motors is proposing a free-standing single story showroom building with a small car clean-up area
to be constructed on the south side of their lot. The proposed building is consistent with the current site
utilization, existing conditional use, and City Zoning requirements.
,., Crystal Motors will utilize the new structure for inside vehicle display and sales. The showroom will
maintain the same operating hours as the existing facility and provide a spacious interior area for car
display and inventory storage. Exterior finishes will be approximately eighty percent (80%) masonry and
glass and twenty percent (20%) E.I.F.S. over masonry. Colors will be carefully selected to coordinate with
the existing structure and create a uniform consistency across the site. Heating and ventilation
requirements will be met with rooftop mechanical systems.
The site is approximately two (2) acres in size and will have ample parking for visitors and employees,
including 2 handicapped parking stalls. Site can be accessed from the west off of Douglas Drive, and from
the east off of West Broadway. Building waste and recycling will be collected from one point on the site at
a location currently used by the existing structure.
Primary utility connections will be achieved from services running parallel with or below Douglas Drive.
Also attached to this submittal package are the following items:
- Application form and check for review fees
- Project contact information list
- Property survey prepared by MFRA
- Grading, Drainage and Utility plans
- Site Plan illustrating proposed work and final site configuration
- Building Plans and Elevations
- Schematic rendering of proposed structure.
This submittal does not include a tree replacement plan — no trees currently exist on the site. Nor does this
submittal include a staging or phasing plan — work will be completed in a single phase and can be staged
entirely on site.
END OF MEMORANDUM
7700 France Ave. S. Suite 375 Edina, MN 55435 phone: (952) 996-9662 fax EXHIBIT
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CRYSTAL MOTORS
CRYSTAL, MN
PROJECT:
AUTOMOBELE
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CRYSTAL, MN
PRELIMINARY
NOT FOR
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DATE: ISSUED FOR:
0847-07 Q CITY SUBMITTAL
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PHONE (952) 996.9662
FAX (952) 996.9663
03 SHY Y.WJIAN 9�1HH5
OWNER:
CRYSTAL MOTORS
CRYSTAL, MN
PROJECT:
AUTOMOBILE
SHOWROOM
CRYSTAL, MN
PRELIMINARY
NOT FOR
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DATE: ISSUED FOR:
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PHONE (952) 996.9662
PAX (952) 996.9663
\J ----
OWNER:
V-OWNER:
CRYSTAL MOTORS
CRYSTAL, MN
PROJECT:
AUTOMOBILE
SHOWROOM
CRYSTAL, MN
PRELIMINARY
NOT FOR
CONSTRUCTION
DATE: ISSUED FOR:
08-17-07 Q CITY 5UBn1TTAL
0
PROJECT NO.
07-046
DRAWN
APW
CHECKED
ER
DATE
08-17-0
SHEET NAHE:
EXTERIOR
ELEVATIONS
SHEET NO:
EXHIBIT F
•
A3.1'
DESCRIPTION:
Lot i, Block 1. CONSERVATION SYSTEMS 2ND ADDITION
AND
\ Lots 1 and 3. Brock 1, CRYSTAL NORTHWEST PROPERTIES SECOND ADDITION
\ \ \ A .... ftg to the r.00aad plots Hereof, Hennepin County, Minnesota
Py
GENERAL NOTES:
yy \ 1. Bearing system ham 3 Dosed m Me 01a of CRYSTAL NORTHWEST
PROPERTIES SECOND ADDITION r ,e r
r\ B \ 2 The .; up ane tddifi locpt r atom hereon. we Dosed � plons and
make,
eupplemenld field surveys and other sou The veyw
\, makes no guan the
Not Ne vn ssroune atil'hes eho.n apft..— all
suth
"lilies
d- m Ne area b., m sernc< ar aoaNifies The sse m t
further does as.wront ihol Ne ander does aldrties atom are I the
ocoa, telt'' s a iikolo I 6,f
w he does eerl;lT that o y w< lxet<d
rssicall y os tM the nd, mlo d utilities.
evadable The MIS 21 has net
pnyaiapny loaetee the anaergrwna utddJes. Pursuant to MS 2160 amtoae
Geabsr State One cad of (651-454 OD02) Pnw to any e¢o 6f so
-ILL
' / ��0 \ 3. This propsety Is m Zane x (Neon determined to be outside the D.zS
rm, M chance Woodploin) of the Flood m.,. -Rate Map Number
/ r ' 27053CO211F. doled September 2 2DD4.
Lor t i ai 9}\ 0 40 BO
__OCE; T // r; �\ \IS_ 4. Property Idenlificofian Number: 09-116-21-22-0057.
5. Addr 5241 West Broad.ay, Crystal, MN 55429. SCAB IN FEET
& Area: 9e.997 .g. n. w Z273 aw
7. Field Work .os Completed Augual 11, 2007.
& Iron mmumenls al corners it be set of the time of ploliing.
_ - . •._• '" !>,.---''� \ \ )✓JRVEroR's cERTIFIcATE
_ --. I v We - �y'
-BLG,P. I hereby a Uf that this au 1 report . d b
".rNja / y c y rued tot w os prepare y S w
under my drew atheism mtl Nal am o duly Uceneed Lane Surveyor
y 4 undr the laws of the stole of Minnesota
A I
Datthis 16th y 9 i 2007.
McesmDs aRoos Assocrp tt, 1 .
BIG _--s'i P�
Henry D. Ned, Lrve
Suyor _
M'mneeDUehonNo. No. 17255
This cWti0eofion is not wlid unless .et signed m blue ink
Fel BLOCK 1
o Z v nM S.
C3
U �^--
-
-
-
-'
—
Z =s —�
... e` 0.
IJNE'RA1tR0AD
Std
VICINITY MAP
NO SCALE
LEGEND
• FOUND MONUMENT
—s—SANITARY SEWER
O SET MONUMENT
---STORM SEWER
r FLAGPOLE
—WATER MAIN
M ELEC- BOX
—r«v—OVERHEAD WIRES
GUY ANCHOR
— s —UNDERGROUND ELECTRIC
LIGHT
—I —UNDERGRDUNO GAS
LL AM
/'/ BUILDING UNE
tt UTILITY POLE
------BUILDING CANOPY
SIGN
•R
a k CWe
CONCRETE CURB
.3WYA47:et
CHAIN UNIX FENCE
G.kMe+AKR >TwW _N
- POST INDICATOR VALVE
® GATE VALVE
VICINITY MAP
NO SCALE
LEGEND
• FOUND MONUMENT
—s—SANITARY SEWER
O SET MONUMENT
---STORM SEWER
r FLAGPOLE
—WATER MAIN
M ELEC- BOX
—r«v—OVERHEAD WIRES
GUY ANCHOR
— s —UNDERGROUND ELECTRIC
LIGHT
—I —UNDERGRDUNO GAS
�•'BUILDING LIGHT'
/'/ BUILDING UNE
tt UTILITY POLE
------BUILDING CANOPY
SIGN
—A—RIGHT OF ACCESS
O MANHOLE
CONCRETE CURB
O CATCH BASIN
CHAIN UNIX FENCE
V AUTO SPRINKLER
- POST INDICATOR VALVE
® GATE VALVE
■ ROOF DRAIN (autlel)
b HYDRANT
0 COMMUNICATION BOX
lD SPRINKLER BOX
BITUMINOUS SURFACE
• GUARD POST
CONCRETE SURFACE
ii,' SCHEDULE E ITEM
0 LANDSCAPE SURFACE
1/4 BOUNDARY & TOPOGRAPHIC SURVEY
2/4 GRADING, DRAINAGE & EROSION CONTROL PLAN
3/4 PAVEMENT REMOVAL PLAN
4/4 UTILITY PLAN
Engineering • Planning • Surveying
e FRA
McCombs Frank Roos
Associates, Inc.
14800 280, Avenue Moth • Salle 140
PI) I& IA AJm fi; • 55447
phone 769/476-6010 • 1 767/476-8532
Client
Crystal Motors, Inc.
Crystal, Minnesota
Project
Crystal Motors
Site Expansion
Crystal, Minnesota
Sheet Title
Boundary and
Topographic Survey
Designed Checked HDN
Drown JRH/MFH Approved
Dote 08/16/2007
Revisions
No. Dale By Remarks
Sheet Revision
1/4
MFRA FILE NO.: 16754
EXHIBIT G
A
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B
ME --ALF U'IlITY INFIXeIAnW RIDWN .MES PEAKS Is A URUTY WAIT, tElE1 D Res WAUTY LEYEL - aTERMeED
ACCOMNO To TIE WIELIIRES of, - 58 -oz MLR .-A. -00, 5 - ME COLECnM AM REPT- a ENSTM
MIRMAa unurr MTA• TE WARACTOR AM/M sUBC.1RACrORS RIALL MTEMANE TE I:KACT 1-- a ALL COMM
MMES BEF01E NIMDR]M WRO BY -TIM ME .--. LENTER (01 Sun .E FW WNESOTA). n --E,TW
AM/W SUBCMTRACTW AWES M BE ILLY -.9RE FDR ANY MD ALL ..AR ,K. MOD RE .CARWED BY MSW NSR
I— M EOACRY 1—TE Am PRS w MM' — .ALL UT4TIE5 (LROR—. AND WEMIEM).
9rF W�nx[
I PROPpRD CWTOMs ARE TO -.. —a E A— $PUT E EY"NW5 `,., PROPOSED CURB 0.0E RIrTEA GRADE.
0. ME L.MACIW R CAU- MAT' NE SUBS.FAEE m, OFDRMA1bN sNENN ON - PLANS B A - .- U e- 0. MR A.T, IE19. As oE1FRAlluED
ACCORDING TO ME WUItIOJ- OF O/- 38-02 ft R YIAMARI RINEURJE6 FW ME Ca 1. AM -11. a C.- AIBRIRFACE - RATA. TIE
IYINTRACTOR AM/W SOBC.MACNgts !e-oETERRANE NNE E%ACT -A`WN a Al. EMMNG Uw1E5 ROME -. NCNG .MINE, a, CONTACTING 11E Mo—
LEVIER (COMER SIRE ONE FOR V NNESOTA AT 1-800-252-1156). NE OWMACTgi AND/OR WINNNMACTW AMIECE TO RE BILLY AMPONWILE FIX( MY AM ALL
.A., 8X101 M.T BE —..M BY NO W IFR F... M E—TLY LOCA. AM PRESFFYE MY AND ALL MTM (.OMME MO AM OS£RNEAD).
R ._ BE TME .—MO."' a RE CONIMCTEM M REEOGrE ALL EMM NO uwW3 .1. CONLCr NIM NE PNOPOSED RPMMND 9,OAEI W TIE PL-
- —
LAINSME CWMACTW - TAKE ALL PRECAUTMNS NESSSARY TO AMD PMPERIY DANA E M AO —T PRaptrlES DURING TK —SMUCMW PNASES W TMS Ni ..
ME CMMACTOR -LL BE — SOII.Y IERA—BE FOR ANY DANAQS M ME M.MONT PN—T. —INIM D.IND ME C.SMUCTW PNASS a — fAOECT.
0. -C', MRa to CWMACI➢R5: N AC MEMM MM OENEANLY ACtkPrEO-'MUCTIN PRAf=ES THE ON -TER AALL BE SOIL' AM COMRETELY Ra,A.RBIE
FOR CONN INS . ME AW SITE NCWOM SAFETY a ALL PERSONS AM P -TY EURNC PERFWUAUCE OF TE WOW(. TNS REWIRDIENT Rol APPLY C.IIMIWSLT
AND NOT BE UNITED TD NOVA -. NOI.RR NE WTY a SNE EMNE£R OR ME OE'L ,,PDN A CONDUCT C.SMUCT. RENEW a ME CONTRACTOR'S
19FW... R NOT o"ENDCO M INrLNIE RENEE or TIE AOEXA- a ME CWIRACTOR'S 5'ARTT YE4511RE5 N . W NEAR TE CONSIRUCMN SITE
E PRI.. PUONENT a ME A.K.TE BAS• A TEST ROL WLL BE RENM O, ON ME STREET AM PARKING AREA AGGRADE 111E C. -I- SHALL Moo A
LOIDEO TANDEM AIDE EBIOE NM A MOSS Ye].N OF 25 TMS 111E W ROLNG SHALL BE AT ME DIRECTION OF ME SOLS DNONER AND WAL- BE COMRFIED IN
AREAS . DRI BY ME .. ONONEER. ME RIBS EN-EEN - EEERMIE N0. SECTOMs a ME STREET W P... AREA ARE -ARIZ CORRECTW a
ME SUBORADE SOLS SN. W. BE -1U7ED W ACCWM OE NM t REOMENF n a TE SOUS ENMEFTL
F. NNE C.MACMR SMALL BE RFSPONRBLE FTR PRDMDNO AND MAR TNARM MMIC CONMO alef£S ... RARMCADCS, wA.- -, IwRCMRIAL RMS, FLA.EN
AND U- M OONTNIL NNE MgIOTT OF NIWTIC WERE NOEMANT YRAnIt CWINOL OEM(LS SHALL WAnMu TO APPROPRIATE MINNESOTA DEPARTMENT W
.AN -TA- STARDMof.
G. MMRS AM 01NEP NAIURA VEGETATION NMI ME PROJECT Atm/W :ADJAO NT TO ME PROECT ARE a AWARECONCERN TO NNE CMMA TWS WOeAMNS. NE
LL BE W- M PROTECT TE NEM Ne. ARE M BE SRAM To BE SDE MAT EOOAMNT R NOT MEEDUCOR NF.MBY NS 1 OPERATED . EES AND SHALL
EEAOS EA(TRFYE LAU1TOx N wtMKING AtA ACENT To OEM.. 91OAD Mr PWT. a TIE - BRMOE3 N,NANE RE - t0 PEMIn aENAN ON a TE
C.IRACTWI EWIPYFNf, NE SMALL MTAN TE 4RMO3 a A PRO'EMANA MEE BRONNG SFAMM M TRIM NE TREES PPMM TO THE BEONNIM a WORATNIN.
SxOEC ER oWMACTOFs LPIXATONS RESULT N ME BRE -J- a MY UNUM, TE RAmRN WREND
BS MWW BE MONOMATO T Am ELM SMALL BE PROPDEY
PROECIm M MNWM MY lA+^Om oMAa M THE 1RE M NICE SIAL BE RDmYFD -- ALBT NE ENONFR. COS15 FOR -.- SERNCES
9NALL S WxSBFMD IN M TD ME ---tANSM-oN AAO M REOA 1-T - BE MADE
1. LII..TE SOIL MEAS M BE EMYNER IMA -TED W REMAINED AND "-AftE O MEAS DE9ONAm ON ME RTE ME CONTRACTOR IN sA GE
,ON IOPRM Fal REIDREApNO . ME RTE AS 9+ECIFID. CoI T -MALL RE PLAOD W EMBANKMENT ARDS. WTRDE a BURDNG PMS ROADWAYS Am
PARING MEAS. ME C.M'- SMALL SLBOR - MEAS -- NRF IS M BE 61Mu5NED, to A -M a A INDIES R 4REM ND50E W MEAS NNETE MRF
Is M BE 6OBu91m To A IA AAN DEPM OF , WOES
J. RMSIED IMAOIM S BE C.PIENED. TE Cdl1RACTdf SxAl UNFIXEYLr MAX ARDS YeMIN ... OF RNAENM. I—No M]ACENT 1RAN9110N AAE/5 P,O
♦ sMOOM RISNED S.FA(E Mnwl RPEOEED MIERMCCS• ON .FMN LEVOS OR Ya BETWEN PDMS MIENE DEYATIXS ARE RIOYM, OR BETY REGI PDMS
MO DRNWfi WADES AREAS MAY IAN£ REEN no- o eA SHALL BE PNOIE- RW RESEOI.1 C.S TION OPEFATOIM 1RAS1C ARD ERMIW. REPAN
Al AREAS MAT NATE BE- RU1TEo BY MA- ON ERWEO BY WATER OR NAS 3TTED R- ME (-T WADE All ARM DIMABEO BY NNE CONMACNOt E
OPERA`S RIALL BE RESTORED To EWK OR ST1ER MM ORIONA NMTON OR TD ME REWINEA- a ME JEW MRK
N. ME Brt NoAECFlRN9aE0 S All EIE RON WA. NOT MY BY MORE MM 0.10 FOOT ABONE. IM 0.10 FOOT BEIOYI. NEPREYABFD ELLYAnM AT MY
Po -2 ME STREET ON PAANING AREA -ADE Fl- "FAM EMNAWO SIAL MT MY BY MORE MM 0 W FOOT AREAE W 0.10 FOD,, ESIK TE PRERCRUBF
EE£YAna a ANY PONT -ENE NE,ISMENENT R MADE
1 AREM MUMU ARE M BE- TOAS RUALL BE WANED to WARN a)D FOCI ARNE OR BELOW ME K - RED D -AT.... DRECTUR OMENWS BY ME
EM EER.
A -.1 - BE WADED TO PWS OR YN. 1/i W. a ME -TED 1WIXNE55
u. - TE RTE "No R COMREEED, R' E%fE55 W -OXIME a SOI. -AL Coo ME CWTRACTW SxALL TRANSPORT - CoRSL YATENAL OFF THE RE
To M AREA REECED BY NNE C.MACTO, W .PWT SUITABLE MATERIA TO NE RIE.
E WEN TE 9E WApW4 C.SMUGTTOI M COAREMD, ME GONMACTtlt SIAL S13D AM MIL. MOR: MFRS . ORECTER BY ME o1NETL ME RELNO 9xALL CORLY
WM NN/WT WEMCARON NO. We WN THE UZ OF MN/ODT MKNRE NO 508 W 250 W AND APPLIED AT ARAE OF TOB -S PER AOC ME S- AREA
SIAL EE MULLIER w MOLT U.-C.PL, WM ./.T BE -ON S.M TYPE N. NNE .UL. RIALL RE APPLIED AND MMWFD W A ANOE WM MN/WT
WECFCAtmN NO 5 35• R Y SNALL BE APPLIED AT TE RATE a 2 TONS PER Af- ME WULM SHALL SE M.ORFD WN A 0I5C 0-008USnit W OMER
MPROMD EWIPUFIIr.
M M. CONNR0. fA.W1ET SIAL BE EuRNe.ED AND -- N REAS PeE NE SLOPE EACEIDS 3:1.
a RPE C.MACTW SMALL RETERNBE ME LOGtIOx IX ANY NAM R0- MAT At BE REOAPED TO -5E 1E ME 9E WADIM fdS1wCTW MD SMALL Mm CAE NAO
ROIDS . EAORSW AM SDNYDn CW MO •RE MAP', ME CONTRACTOR .ALL C Y AIM NE ROMFIENRS a ME -No -ONITY OF EA. ROADWAY.
TIE CWMACiOP SHALL POSL NIAEYFR .-. MO COMLY WM ALL fLmin.S Yee. ANE RE.N. BY G. MYEANNO A.-" a G. ROMWAY.
P. THE -TB.TW 91ALL f uPIEIE ME WORN M ACCT -WTI ME -TE-- REPT
0. F ME CONTRACTOR DNCDMNERs MYWAN W wMN ME SRE M W SHE -- MTFY RE fNGNER WM ME L -.Sit; NVFRL AM F TE -.E R
-'Y" No ACNPE OMAN TLE -- BE BAO6 y}y 0MQI1 RENEx. WSp114. AM AP - FR. RE PROECT ENGNEpN.
�T: w'YONmc Iw r..I.
E_M FRA
./o SILT FENCE DETAIL
Engineering • Plonning - Surveying
FRA
McCombs Frank Roos
M__
Associates, Inc.
14800 78th A— North - Su/te 140
My—th, Yinnemto • 55447
phme 763/476-6010 • far 263/476-8532
Client
Crystal Motors, Inc.
Crystal, Minnesota
Project
Crystal Motors
Site Expansion
Crystal, Minnesota
Sheet Tine
GRADING, DRAINAGE &
EROSION CONTROL PLAN
I hweby .'t"y that this plop Mos prop o..d by
NTdor my died supemWm gto mat
I em o duly Lotmsed LondMNSnIM—eyOt u dw
me lodl
ws of me Stole of
Slnature
Nome DAVE J. NASI
not. 6/22/99 Li... d 21636
Designed w Chereed DM
Drown JMD Approved
Dol. 8/17J07
Revisions
No. Date By Re....
Sheet Revision
2/
4
MFRA FILE NO.: 16754
EXHIBIT F!
LEGEND
PROPOSED EMSTING
SPOT ELEVATION
X 962.5 r T5
CONTOUR
---W2—
RP RAP
CURB h 17/TTER
--
STORM SEVER
Uro-- .. ..
SANITARY SEWER
FORCEMAIN (SAN.)
WATER AIN
EASEMENT
D 30 60
------ ------------
OVERFLOW ELEV.
%AKN(
RETAINING WALL
SCALE IN FEET
SILT FENrE
— — —
�T: w'YONmc Iw r..I.
E_M FRA
./o SILT FENCE DETAIL
Engineering • Plonning - Surveying
FRA
McCombs Frank Roos
M__
Associates, Inc.
14800 78th A— North - Su/te 140
My—th, Yinnemto • 55447
phme 763/476-6010 • far 263/476-8532
Client
Crystal Motors, Inc.
Crystal, Minnesota
Project
Crystal Motors
Site Expansion
Crystal, Minnesota
Sheet Tine
GRADING, DRAINAGE &
EROSION CONTROL PLAN
I hweby .'t"y that this plop Mos prop o..d by
NTdor my died supemWm gto mat
I em o duly Lotmsed LondMNSnIM—eyOt u dw
me lodl
ws of me Stole of
Slnature
Nome DAVE J. NASI
not. 6/22/99 Li... d 21636
Designed w Chereed DM
Drown JMD Approved
Dol. 8/17J07
Revisions
No. Date By Re....
Sheet Revision
2/
4
MFRA FILE NO.: 16754
EXHIBIT F!
117 �1
'[mower
Q
Ny.
7
1011'
1-
'771d ill:
4
-7
T
h -w m
HE
A
yl H 105�s
INE SIIB9IW"A2 IP,- INGDWIAnON 9rOMN al WSEPLNIe 1. uw.
w .. U� U. 01�.M
M1,_ _ MTIC abu[em Arm DEAemN ar a—
va� -C % BY (—W SIAX E M M-). M IXWTRA
MD/M W -M � TO BE I-T M MY MD � DMAGES, =ZT K 0� BY M M KR
1� � .R' _AX — .1 —Bu (,—.— .D
I
0 30 60
SCALE IN FEET
LEGEND
Engineering - Planning - Surveying
:MIF RA
McCombs Frank Roos
Associates, Inc.
1460018th A- N" - S.4. W
PJj(h. Min —1. - 55447
ph- 7531476-6010 - ft 7631476-8532
Client
Crystal Motors, Inc.
Crystal, Minnesota
Project
Crystal Motors
Site Expansion
Crystal, Minnesota
Sheet Title
PAVEMENT REMOVAL PLAN
I hereby cBnity that an PI- ... Preparedby
.. b, d� y direct sup rviem - Not
,t
I . unduly LfLond Syw under
M. I., bf th. State of
Si-d.r.
N- DAVE i. NASH
D.i. 6/22/98 Li- I 2I836
D.igY.d JA Che�X.d D.,M
Dr.— Am Approved
Date 8/17/0
Revisions
N.. Dote By R-.,
Sheet Revision
3/
MFRA FILE NO.: 16754
PROP SEE) DaSTRIC
SPOT ELEVATION
X 962.5 1-1
CONTOUR
RIP RAP
CURB & GUTTER
STORM SEWER
ss
SANITARY SEWER
FURCENIAIN (SAN.)
WATERMAN
....... .......... .. .. . ..
EASEMENT--_---------
ECF
OVERFLOW ELE
):Xy_
SILT FENCE
PAVAENT & CURB
TO BE REMOVED
Engineering - Planning - Surveying
:MIF RA
McCombs Frank Roos
Associates, Inc.
1460018th A- N" - S.4. W
PJj(h. Min —1. - 55447
ph- 7531476-6010 - ft 7631476-8532
Client
Crystal Motors, Inc.
Crystal, Minnesota
Project
Crystal Motors
Site Expansion
Crystal, Minnesota
Sheet Title
PAVEMENT REMOVAL PLAN
I hereby cBnity that an PI- ... Preparedby
.. b, d� y direct sup rviem - Not
,t
I . unduly LfLond Syw under
M. I., bf th. State of
Si-d.r.
N- DAVE i. NASH
D.i. 6/22/98 Li- I 2I836
D.igY.d JA Che�X.d D.,M
Dr.— Am Approved
Date 8/17/0
Revisions
N.. Dote By R-.,
Sheet Revision
3/
MFRA FILE NO.: 16754
C
UTILITY CONSTRUCTION N07ES
A THE UTILITY IMPROVEMENTS FOR THIS PROJECT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE 'STANDARD UTILITIES
SPECBTCATIONS' AS PUBLISHED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM), EXCEPT AS MODIFIED HERRN.
CONTRACTOR SHALL OBTAIN A COPY OF THESE SPECIFICATIONS.
1. ALL UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE TO CITY REQUIREMENTS.
2 CONTRACTOR SHALL NOT OPEN, TURN OFF, INTERFERE WITH, OR ATTACH ANY PIPE OR HOSE TO OR TAP WATERMAIN
BELONGING TO THE CITY UNLESS DULY AUTHORIZED TO DO SO BY THE CITY. ANY ADVERSE CONSEQUENCES OF ANY
SCHEDULED OR UNSCHEDULED DISRUPTIONS OF SERVICE TO THE PUBUC ARE THE UABILITY OF THE CONTRACTOR
3. A MINIMUM VERTICAL SEPARATION OF 18 INCHES IS REQUIRED AT ALL WATERMAIN AND SEWER MAIN (BUILDING, STORM AND
SANITARY) CROSSINGS.
IL ALL MATERIALS SHALL BE AS SPECIFIED IN DEAN SPECIFICATIONS EXCEPT AS MODIFIED HEREIN,
1. ALL MATERIALS SHALL COMPLY MTH THE REQUIREMENTS OF THE CITY.
2 ALL SANITARY SEWER TO BE PVC SDR -35, UNLESS NOTED OTHERWSL
3. ALL WATERMARI TD BE DUCTILE IRON - CLASS 52, MTH 7.5 FEET MINIMUM COVER.
4. ALL STORM SEWER PIPE TO BE REINFORCED CONCRETE PIPE WITH R-4 JDNTS. AND RUBBER GASKETS.
S. RIP RAP SHALL BE M,/DOT CLASS 3,
C. CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULE, EXIT PORCHES,
RAMPS, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS.
0. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTIU11ES AS SHOWN ON
THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTUTY COMPANIES AND, MERE POSSIBLE, MEASUREMENTS TAKEN IN
THE FIELD. THE INFORMATION 15 NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE THE CONTRACTOR MUST CALL THE
APPROPRIATE UTILITY COMPANY AT LEAST 46 OURS
/
,�
`�
H BEFORE ANY EXCAVATION TO REDDEST EXACT FIELD LOCATION OF
UTILITIES. IT SHALL BE 114E RESPONSIBNTY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH
THE PROPOSED IMPROVEMENTS FLOWN ON THE PLANS. THE LOCATIONS OF SMALL UTILITIES SHALL BE 08TAINED BY THE
C/
\
CONTRACTOR, BY CALLING GOPHER STATE ONE CALL AT 454-0002
E
THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY 10 AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING
714E
\'\
CONSTRUCTION PHASES OF THIS PROJECT. THE CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGES TO
THE ADJACENT PROPERTIES OCCURRING DURING THE
F.
CONSTRUCTION PHASES OF THIS PROJECT.
SAFETY NOTICE TO CONTRACTORS IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR
CORE INTO Inv-an.I �►
EXISTING—
SAN A. P
I
NOTES' I I i LEGEND
1 P 114 —M.— FNCWNIERS ANY DRAIN TBE MTNN of SINE H GR SHE SMALL KpnFY IHC FNOMEEA WM
iwE HncAnox, 9TL NWRT No ° TH nLE LNE Is AGTrW: ND ArnW GRAm TILL 9HAu °E eAaaXlm WMart PROPOSED EXISTING
-AL PnON RIE PRb ECT ENGINEER CURB k GUTTER ._
2 ALL -TER.- SMALL IE OJCTIIE W W — 52 MM 1,5 M, NNpNUN fAVEII uASS OMFA WZ INOGIED. STORM SEWER Ig ... _ » - �
L ALL SANILARY SEWER NPE SHALL BE PVC ASTM b% SGR J5 wASSs OIIERMZ NOICAIEp. w
. ALL SAMiABY "MM PIPE SHALL BE 4' PK SR—. Mato oMMWZ IN— SANITARY SEVER
i NL rMFRNAM 4A_ SHALL BE V TYPE N COPPEA. I WATER AIN
A mNwACTDA SHALL —NA. BOOB AS NECESSARY. fANwACfOA 9MLL HOT oEETEGT YNE PIPE uW MAH
w ]. AiL �DAT�OM°AIYN ��z WbyUlIm oNEB BY cENn.RtxE sTAnM.xp EASEMENT — — — — — — ------------
B ALL 1SFMCES AND N5FR5 WILL Z STATOKD M DDNNSw SA 1-1 YAMNME STATIONING. FORCEMAN (SAND •- --�. •....-.�...__.__.
D 30 60 GAS LINE —P-
1NE SUBSMIFALf 1I1UTT MFORNATNN SNOMN GR MEY ft/NIS R A UTADTY aAUTY IfV4L n. MIS OJAUTY IFWL rA5 DET[Nwm ACCOrOINO 1O ME aADOwFS V OuSCF 5B -OL 7IE ELECTRIC —E—E. ... ...... ..... _......
__
'STAN° OLIOaMES 1. nE MDECTIai ANO DEIYCIION GR MMI; EMBSa.— M DATA' M CWwACT(YI NO/GR SUdtWi11MCTGRs 9141 DETa w ME DACE LOCAMN R ALL TELEPHONE —r—Y—
EM6nNG MM BLTONE OJWEMONG MINK BY CONTACIwG THE NOII .X. ODP- (OOHER STATE DHE POR MINNESOTA), IME COr1wKTIXI AND/. 9000NIRACIOR AGREE m BE PMMT SCALE IN FEET
Bc�.s E Fon ANY — ALL DAMA[ was Mart BE o¢A90 eY w5 GR VIER —X TD EX - IED TE Arm PIEZT ANY Ano ML alwTEs (ulo R_ w ov0 b).
WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE .X18 S17F INCLUDING SAFETY OF ALL PERSONS AND
PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO
NORMAL WORKING HOURS THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF THE
CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE RENEW OF THE ADEQUACY OF THE CONTRACTOR'S SAFETY
MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE.
G. ALL AREAS OUTSIDE THE PROPERTY BOUNDARIES THAT ARE DISTURBED BY UTILITY CONSTRUCTION SHALL BE RESTORED IN KIND.
SODDED AREAS SHALL BE RESTORED PATH 6 INCHES OF TOPSOIL PLACED BENEATH THE SOD.
H. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES,
WARNING SIGNS DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY.
TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS.
I. ALL SOLS TESTING SHALL BE COMPLETED BY AN INDEPENDENT SOLS ENGINEER. EXCAVATION FOR THE PURPOSE OF REMOVING
UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE SOTS ENGINEER THE U71UTY BACKFILL
CONSTRUCTION SMALL COMPLY WITH THE REQUIREMENTS OF THE SOILS ENGINEER THE CONTRACTOR SHALL BE RESPONSIBLE
FOR COORDINATING ALL REQUIRED SOILS TESTS AND SOL INSPECTIONS WITH THE SOILS ENGINEER.
A GEOTECHNICAL ENGINEERING REPORT HAS BEEN COMPLETED BY:
COMPANY:
ADDRESS:
PHONE:
DATED:
THE CONTRACTOR SHALL OBTAIN A COPY OF THIS SOLS REPORT.
J. PRIOR TO PLACEMENT OF AGGREGATE BASE, A TEST ROLL WILL BE REWIRED ON THE STREET AND PARKING AREA SUBGRADE.
THE CONTFMC70R SHALL PROVIDE A LOADED TANDEM AXLE TRUCK WITH A GROSS WEIGHT OF 25 TONS. THE TEST ROLLING
SHALL BE AT THE DIRECTION OF THE SOILS ENGINEER AND SHALL BE COMPLETED N AREAS AS DIRECTED BY THE SOLS
ENGINEER. THE SOILS ENGINEER SHALL DETERMINE WHICH SECTIONS OF THE STREET OR PARKING AREA ARE UNSTABLE
CORRECTION OF THE SUBGRADE SOILS SHALL BE COMPLETED IN ACCORDANCE TWTH THE REQUIREMENTS OF THE SOLS ENGINEER.
CATCH BASIN CASING ASSWY
1� sWW ana
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24' % 36' CATION BASH I. FRA
_.
STORM SETTER MANHOLE VERA
Engineering Planning • Surveying
_Fane!
x+drerwes��
MPF RA
McCombs Frank Roos
Associates, Inc.
14800 28th A-- North • Suite IM
PDlmoum, Minnesofo - 55447
phone 763/476-6010 • f., 763/476-8532
Client
Crystal Motors, Inc.
Crystal, Minnesota
Project
Crystal Motors
Site Expansion
Crystal, Minnesota
Sheet Title
UTILITY PLAN
I hwebu certify lhot IN, plan was p,,,-0 by
oder y arest a pwvisim and Not
I _ o duly Li» ;: Land Surveyor undo
Sl laws of the Sfat< of _ � 1
Fonatwe �1
Nome DAVE J. NASH
Dote 6/22/98Dote 6/22/98 Licensej21836
Designed JMD Checked DJN
Drawn JMD Approved
Dote B/17/07
Revisions
N.. Date By Remarks
Sheet Revision
4/
4
MFRA FILE NO.: 16754
EXHIBIT J
M E M O R A N D U M
DATE: September 6, 2007
TO: Planning Commission (September 10th meeting)
FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator
SUBJECT: Public Hearing: Consider Application 2007-07 for text amendments to
Section 405 (Signs) of the City Code.
A. BACKGROUND
Within the past year, Minnesota cities have begun seeing large electronic billboards
akin to giant television screens being used for advertising along manor roads. These
signs are the next generation of sign displays with the ability to feature changing
images and movement — known collectively as dynamic signs. Attempts to regulate
them resulted in litigation in Minnetonka. In developing a regulatory response,
Minnetonka partnered with the League of Minnesota Cities to commission a study of the
impact of such dynamic signs on traffic safety. In addition, the league released a
memorandum discussing the legal framework of regulating signage in light of the recent
litigation and study. The League has offered the City the opinion to exercise caution if
creating exemptions for certain types (reader boards). Exemptions for anything other
than only time and temperature would have to be content neutral and based only on the
time, place and manner of the sign. This might include brightness, frequency of
change, etc.
Staff has prepared code changes to address this issue. (See item 13) regarding 405.23
Subd. h) and m) on pages 7-8 below.) While considering these issues, staff also
reviewed the entire code and prepared many other recommendations for change. Most
of these other proposed changes are "clean-up" in nature; but all should be considered
concurrent with the changes described above.
The following Exhibits are attached:
A. Moratorium Ordinance
B. Moratorium Resolution
C. Current Sign Code (Section 405)
Prior to Council consideration of the text amendments, the Planning Commission must
hold a public hearing on the matter. Notice was published in the Sun Post on August
30, 2007. At the September 10, 2007 meeting, the Planning Commission will hold the
public hearing and make a recommendation for the City Council to consider at its
September 18, 2007 meeting.
SIGN CODE TEXT AMENDMENT
PAGE 1 OF 9
B. STAFF COMMENTS
In light of research done on the topic of dynamic signs, and the fact that other sections
of the sign code are in need of updating, staff recommends the following amendments
to Section 405 Signs. Staff comments are in Comic Sans font; code excerpts are in
Times New Roman font. Additions to the code are indicated with underlining; deletions by
1) All references to the zoning classifications are proposed to be updated so that the
ordinance reflects the current zoning classifications:
405.15 Subd. 6. Distance to lot line. No part of the sign or sign structure of any free-standing, roof
sign or projecting sign may be within ten feet of any lot line except that in B 1, R 2 B 3, R ^ P '
PUD (GI)r , and 12 C-1. C-2 and I-ldistricts, a projecting sign may be equidistant between the
side lot lines of the land parcel if the parcel of land is less than 20 feet in width.
405.17 Subd. 8. Individual property sale or rental signs. An on -premises sign announcing the
name of the owner, manager, realtor or other person directly involved in the sale or rental of the
property or announcing the purpose for which it is being offered. The signs must be removed
within 14 days after sale or rental of property. The signs may not be illuminated. The signs may
not measure more than four square feet in R-1, R-2; and R-3, n ^ n n n 2, and PUD (GR), u !a,
P , and PUP -(R districts. Only one sign per premise is permitted. Corner properties may contain
one sign for each street frontage.
405.19. Free-standing and projecting signs (B ' R 2, u 3 R ^ n ', n 2 PUD (GI) r , a , T 2_LQ_-
1, C-2, and I-1).
Subdivision 1. Number and type of signs in R ' R 2 u 3, R ^ n , PUP (Q) r , and 12
C-1 C-2 and I-1 districts. A business property is limited to the following number and type
of signs:
Subd. 2. Free-standing signs. Free-standing signs in D1 -Z, B 2,, n-3, B ^ D ' PUD (0) 1
1 and 12 C-1, C-2 and I-1 zoning districts are subject to the following requirements:
e) A free-standing sign will not be permitted within 50 feet of a residence or
any district zoned R-1, R-2, R-3, n ^, n n n PUD (GRu or PD, or of
a public park, school, library, church, or similar institution or government
property.
Subd. 3. Projecting signs. Projecting signs in R 1 B 2,,B- , R ^, P ' PUD (Q) r , µ__a r
2 C-1, C-2 and I-1 zoning districts are subject to the following requirements:
C) A projecting sign is not permitted within 50 feet of any district zoned for
residential purposes (R-1, R-2; and R-3, " ^ v n m 2 afid PUD (GR)) or
of any public park, school, library, church or similar institution, or
government property.
SIGN CODE TEXT AMENDMENT
PAGE 2OF9
Subd. 4. Wall signs. Wall signs B 1, B 2, R Z, R n, 1 1, T '7, n 0, D 1, PUD (0) C-1, C-2,
I-1.
Subd. 6. Canopies and marquees. (B 1, B 2 B 3, B n n , PUP (Q) 1 1 and 12. C-1, C-
2, I-1.
405.21. Special provisions for residential districts. In R-3 districts, fifnited multiple &,elfiags may
have one idefAifying sign per- building, not to exeeed fetif squafe feet in afea. in B 1 A, P ,
DTD (GI), and u n distriets5 one identifying sign, not to exceed 12 square feet in area, is permitted
for each building.
2) Section 405.03: Definitions currently structured as "Sign (specific type)" should
be changed to a more generally accepted format of "Sign, specific type".
Subd. 18. "Sig (befieh)" "Sign, bench" means a sign affixed to a bench.
Subd. 19. "Sign (difeefiena "Sign, directional" means an on -premises sign whose function is to
provide locational directions.
Subd. 20. "Sign (freestanding)" "Sign, free-standing" means a sign completely or principally self -
supported by posts or other supports independent of a building or other structure.
Subd. 21. "Sign (identifieatien)" "Sign, identification" means a sign whose primary function is to
identify a business upon the premises; a secondary function of such a sign may be to call attention
to products, goods or materials.
Subd. 22. "Sig (,,. oi+uRwfA'" "Sign, monument" means a sign mounted directly to the ground with
the maximum height not to exceed six feet.
Subd. 23. "Sig (e ff pfefnis " "Sign, off -premise" means a sign structure advertising an
establishment, merchandise, service or entertainment that is not sold, produced, manufactured or
furnished at the property on which the sign is located, e.g., "billboards" or "outdoor advertising."
Subd. 24. "Sign (on premises)" "Sign, on -premise" means a sign that pertains to the use of the
premises or the property on which it is located.
Subd. 25. "Sig (peft blW "Sign, portable" means a sign so designed as to be movable from one
location to another and that is not permanently attached to the ground or any structure.
Subd. 26. "Sign (pfej &T "Sign, projecting" means a sign, other than a wall sign, that is affixed
to a building and projects outward more than 15 feet from the building wall.
Subd. 27. "Sign (r-eef)" "Sign, roof' means a sign erected upon or above a roof or parapet of a
building or structure.
Subd. 29. "Sign (to.,,pe "'" "Sign, temporary" means a sign which is erected or displayed, or
both, for a limited period of time.
Subd. 30. "Sign (wall)" "Sign, wall" means a sign attached or affixed to the exterior wall of a
building and projecting 15 inches or less from the surface of the wall.
SIGN CODE TEXT AMENDMENT
PAGE 3 OF 9
3) Section 405.09 referenced the 1991 Uniform Sign Code. Staff felt referencing
the 2006 International Building Code and most currently adopted version of the
Minnesota State Building Code, as well as adding language with regard to the design
and condition of the signs, was needed.
405.09 Design and construction. All signs shall be constructed in such a manner and of such
material that they shall be safe and substantial and in full compliance with all requirements of this
code All signs shall be maintained in a safe presentable condition and shall be structurally sound.
Defective parts shall be promptly replaced. All signs shall be in compliance with the most currently
adopted versions of the Minnesota State Building Code and 2006 International Building Code
Appendix H.
4) Section 405.15 Subd. 5 relates to temporary signs, but temporary signs was not
the title of the Subd. Staff felt this Subd. needed to be titled Temporary Signs
and make changes reflecting that only 6 permits per business property may be
granted in a 12 -month period. For multiple tenant properties, each tenant may be
granted no more than 4 permits.
405.15 Subd. 5. Defffli+ ; eeftain sigas Temporary Signs. The temporary use of banners, pennants,
portable signs and similar devices requires a permit. The permit is valid for seven consecutive days.
Not more than thfee six permits for each business property f r i,anne .s and pe "^"+ may be
granted in a 12 -month period. For business properties with multiple tenants each tenant may be
granted no more than four permits in a 12 -month period. Not mefe than thfee peff i s for- pei able
signs fef eaeh business pfepefl�, ma�, be gr -anted in a 12 meath per-iod en a single business pr-epeft�,-
The permit must be prominently displayed at the princal use in the same manner required for
building pen -nits. Temporary silnis shall conform to the same location and dimension requirements
as permanent signs including but not limited to Subd. 6 7 and 8 in this Sub -Section, and 405.19
Subd. 2 and 4.
SIGN CODE TEXT AMENDMENT
PAGE 4OF9
..
i. i • i
4) Section 405.15 Subd. 5 relates to temporary signs, but temporary signs was not
the title of the Subd. Staff felt this Subd. needed to be titled Temporary Signs
and make changes reflecting that only 6 permits per business property may be
granted in a 12 -month period. For multiple tenant properties, each tenant may be
granted no more than 4 permits.
405.15 Subd. 5. Defffli+ ; eeftain sigas Temporary Signs. The temporary use of banners, pennants,
portable signs and similar devices requires a permit. The permit is valid for seven consecutive days.
Not more than thfee six permits for each business property f r i,anne .s and pe "^"+ may be
granted in a 12 -month period. For business properties with multiple tenants each tenant may be
granted no more than four permits in a 12 -month period. Not mefe than thfee peff i s for- pei able
signs fef eaeh business pfepefl�, ma�, be gr -anted in a 12 meath per-iod en a single business pr-epeft�,-
The permit must be prominently displayed at the princal use in the same manner required for
building pen -nits. Temporary silnis shall conform to the same location and dimension requirements
as permanent signs including but not limited to Subd. 6 7 and 8 in this Sub -Section, and 405.19
Subd. 2 and 4.
SIGN CODE TEXT AMENDMENT
PAGE 4OF9
5) Section 405.17 Subd. 3: The description of permitted home occupation signs
should be changed so they are consistent with the zoning code.
Subd. 3. Home Occupation identification signs. Signs in u ' and v 2 distfi^+^ that identify the a
lawful home occupation in accordance with Section 515 (Zonings, Owner- o~ .os:ao.+ and set fo
the address of the premises where the sign is located._, but and wh h contain no other mater -W
information. There may be one such sign per premise, not to exceed four square feet in area, not to
be illuminated and set back a minimum of 10 feet from any property line. If the sign is free-
standing, the total height may not exceed five feet.
6) Section 405.17 Subd. 5: The description of permitted political campaign signs
should be changed to clarify the city's restrictions, and to reference the state's
restrictions which may change over time.
Subd. 5. Political campaign signs. Temporary signs or posters announcing a candidate seeking
political office or advocating political issues, and data pertinent thereto may not exceed four square
feet in all zoning districts. Campaign signs most eefAa:: the :.,.....,- and -add ecc of the per-s0fl
eenuniaee r-esponsible for- sueh sign, a -ad that pefsen of eofafnittee Will be fespEfflsible fef its
fwneval. Th I remain in plaee for- ne langer- than 4 5 days before and five days afte
elee4ion fer- whieh the), m7e if4ended. In state getiefal eleetion year -s pelitieal signs of any size ma�
Such signs must be in
compliance with applicable state laws including but not limited to regulation of the time period
during which the signs may be placed the signs' location relative to polling places and
identification of the person or committee responsible for the signs. Political campaign signs must
be confined to private property, may not be placed in the public street right-of-way are not subject
to the setback requirements of 405.15 Subd. 6 and 7, but are subject to the intersection visibility
requirements of 405.15 Subd. 8. + bjeet +„ the + ,�aek is •,a d that the
urc-zxvc�ccvJcv� co rra�cr-vuc[rceclurrcrircr'rc.Tir�r�rr�v-`r'-'rc«
apply.pfevisions of subseetien 405.15, subdivision 8,
A political sign may not exceed eight square
feet in area.
7) Section 405.17 Subd. 6: During this construction season, staff noticed more
construction signs being placed on properties before work begins and remaining well
after a project is completed. The proposed change requires that construction
signs shall only be posted on a property while the work is being done, and places
stricter limits on the size of such signs in residential areas. It also includes
development site signs thus allowing Subd. 10 to be deleted.
405.17 Subd. 6. Construction and development signs. A non -illuminated sign, announcing the
names of architects, engineers, contractors, or other individuals or firms involved in the
construction, alteration, or repair of a building (but not including any advertisement for any
product) or real estate development site or subdivision, or announcing the character of the building
enterprise or the purpose for which the building is intended. Construction signs must be confined to
the site of the development, construction, alteration, or repair, shall be located on the respective
property and not on any adjacent property or public street right-of-way, and aims+ be .e,V,,,,.oa
within twe year -s of the Elate of issuanee of the first building permit or- when the paftieular- pr-ejeet is
. shall onlybs_played during the lawful duration of the project.
One sign may be permitted for each street frontage which the project abuts. In the R-1 and R-2
districts the area of a construction sign may not exceed 4 square feet per dwelling unit, up to a
SIGN CODE TEXT AMENDMENT
PAGE 5OF9
maximum of 32 square feet for each construction project or development site having more than one
dwelling unit. In the R-3 C-1, C-2 and 1_-1 districts, the area of a construction sign may not exceed
32 square feet.
8) Section 405.17 Subd. 8: The description of permitted property sale or rental
signs should explicitly state the city's restrictions on the location of such signs.
Subd. 8. Individual property sale or rental signs. An on -premises sign announcing the name of the
owner, manager, realtor or other person directly involved in the sale or rental of the property or
announcing the purpose for which it is being offered. The signs must be removed within 14 days
after sale or rental of property. The signs may not be illuminated. The signs may not measure more
than four square feet in R-1, R-2; and R-3, R n, n n P 2, ..,a PUD (GR) u , n , and PUP (GI)
districts. Only one sign per premise is permitted. Corner properties may contain one sign for each
street frontage. Such signs must be confined to private property, may not be placed in the public
street right-of-way, are not subject to the setback requirements of 405.15 Subd. 6 and 7, but are
subject to the intersection visibility requirements of 405.15 Subd. 8.
9) Section 405.17 Subd. 9: The description of permitted governmental signs was
rarely used and difficult to implement because it contained virtually no real
standards. Staff opinion is that such signs should be regulated in the same manner
as any other sign, and therefore Subd. 9 should be deleted.
•
10) Section 405.17 Subd. 10: The description of permitted commercial signs in
residential areas was rarely used. Staff opinion is that such signs should be
regulated in the same manner as any other sign, and therefore should be deleted.
AN ._
10) Section 405.17 Subd. 10: The description of permitted commercial signs in
residential areas was rarely used. Staff opinion is that such signs should be
regulated in the same manner as any other sign, and therefore should be deleted.
11) Section 405.17 Subd. 13: This provision was presumably inserted to allow signs
placed by sports league sponsors to be visible for players and spectators. Because
SIGN CODE TEXT AMENDMENT
PAGE 6 OF 9
AN ._
11) Section 405.17 Subd. 13: This provision was presumably inserted to allow signs
placed by sports league sponsors to be visible for players and spectators. Because
SIGN CODE TEXT AMENDMENT
PAGE 6 OF 9
this is akin to signs within a building, staff opinion is that the "pre -1974" regulation
in the current code should be deleted.
Subd. 13. Recreational area signs. Signs may be placed on the interior surface of fencing
surrounding a priv4e recreational area used for organized sports functions including, but not
limited to, little league, Babe Ruth leagues and similar activities. Any sigi :.dried, ,telt' .,E :aeetA to
sueh feefea4ional afeas existing E)a lanuary 1, 1974, are authef!ized, btA fie additional signs of
type may be efeeted eii these afeas.
12) Section 405.19 regulates free-standing signs. Because off -premise signs would now
be prohibited, the reference to such signs in the last paragraph should be deleted.
A property abutting more than one street may have one additional free-standing or projecting sign
on one of the additional street rights-of-way (except as provided in subsection 405.15, subdivision
8) provided that such street right-of-way is on an arterial or collector street and such sign is more
than 50 feet distant from any other free-standing, projecting or roof sign on the property. This
provision exeludes any sign (off pr-emises) e�ieept as set fei4h in subseetien 4 05.3 5.
13) Section 405.23 is a list of prohibited signs. Subd. h) and m) specifically relate to
"dynamic signs". Changes to this section reflect staff's opinion that the city should
be more restrictive in limiting how an electronic readerboard sign may be used with
regard to size and type of display, and prohibiting animated signs. Subd. 1) would
prohibit off -premise signs. Subd. n) would prohibit the use of vehicles as de facto
portable signs.
405.23 Prohibited Signs.
h) Signs displaying moving parts, or illuminated with any flashing or intermittent lights, or
animated except as provided below:
Electronically or electrically controlled readerboards that provide time and temperature,
public service information, or on-site advertising are permitted provided that the sign:
1) meets all the requirements of this section;
2) displays a given copy or graphic image for a minimum of three seconds within the
readerboard frame;
3) are is either a wall, free-standing or monument sign and when the readerboard is to
be included in a wall, free-standing or monument sign, the area of the readerboard
may not exceed 50% of the total area of the sign in which it is integrated, or 50
square feet, whichever is less, and only one readerboard per premise is allowed-.
and
4) displays a static message with no fade dissolve scrolling spinning or zooming
action.
1� Off -premise Si ns.
SIGN CODE TEXT AMENDMENT
PAGE 7OF9
m Animated signs that utilize any motion picture, laser or visual projection of images or copy
in conjunction with any business or advertisement.
an) Signs attached to or painted on motor vehicles or trailers that are parked on or adjacent to a
property for more than 24 consecutive hours, the principal purpose of which is to attract
attention to a product sold or business located on the property. This is not meant to include
logos and product identification signs on trucks and equipment as described in 405.17
Subd. 11, unless it is used as a stationary advertising device for more than 24 hours.
14) Section 405.27 Subd. 2: Approximately seven years ago, the state prohibited
cities from exercising the amortization power. Therefore this provision became
unenforceable and should be removed.
405.27 b sips and sign str-Hetufes as defined in subdivision
'tee remeved within ten year -sof the e€feetive date e€ Ma�, ? 1993.
15) Section 405.35 relates to off -premise signs ("billboards"). By adding off -premise
signs to Section 405.23 Prohibited Signs, Section 405.35 should be deleted in its
entirety. Off -premise signs then would be prohibited outright. However, existing
off -premise signs may continue as lawful non -conforming uses.
b) The maximum height of a sign (off premise) is 25 fe�, measwed fr-em the eentef line ef thee
state trunk hig",ay numbef 100.
b) The Fninimuffi lineal distaflee between sips (ag premise) is 1,000 feet.
6) The . ...............etbaek, f e... StFee+fight of. y li---"u 30 F o+
d) The minimum setbaek at the inter-seetion of twe streets will be 50
feet ffem eithe
stroJZZ'GTZTTI7ie.
e)—A sign (off pfemise) fna�, in t be leeated within 250 feet of aiiy, fesidenee,
ether -district n sign (off .,«emise) . of be 1,,ea4e.a within 250
whether
feet „f a pub
SIGN CODE TEXT AMENDMENT
PAGE 8 OF 9
Sttbd. 4. SpL-gifiratinii-s. The struetur-e of the sign (eff premise) must be all metal. The metal mus
r
be eenstfueted ef finished in weed.
16) All sections, subdivisions, etc. would be re -numbered to reflect the changes
described above.
C. RECOMMENDATION
Planning Commission action is requested. The City Council would consider the
Planning Commission's recommendation at its meeting on September 18, 2007.
SIGN CODE TEXT AMENDMENT
PAGE 9 OF 9
CITY OF CRYSTAL
ORDINANCE 2007 -
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM
ON THE INSTALLATION, CONSTRUCTION OR EXPANSION
OF ILLUMINATED SIGNS WITH CHANGEABLE MESSAGES
THE CITY OF CRYSTAL ORDAINS:
Section 1. Background.
1.01 The City Council is concerned about the effects of illuminated advertising
signs with changeable messages. These signs pose a hazard to the
traveling public by the use of colorful lights and changeable messages.
These attention -getting and eye-catching signs may threaten the safety of
motorists, cyclists, pedestrians and other users of public streets and property
by diverting motor vehicle drivers' attention away from the road.
1.02. The City Council has determined that no such signs should be installed,
constructed or expanded in the city until studies have been conducted to
review the current city code and determine if modifications to the code are
necessary.
1.03. Minnesota Statutes, Section 462.355, Subd. 4 authorizes the City to adopt
interim zoning ordinances applicable to all or a part of the City for the
purpose of protecting the health, safety, and welfare of its citizens, which
ordinance may regulate, restrict or prohibit any use or development within
the City for a maximum period not to exceed one year, with a possible
extension up to an additional period of 18 months.
Section 2. Definitions.
For purposes of this Ordinance, the term "illuminated flashing lights" means any
flashing, blinking, moving or traveling lights, a digital LED display, or other means
that does not provide constant illumination. The term "flashing lights," as used in
the context of this ordinance, means any illumination that is not kept stationary or
constant in intensity and color at all times. The term "illuminated," as used in the
context of this ordinance, means characters, letters, figures, designs or outlines
displayed by electric lights or luminous tubes as part of the advertising sign. The
term "moving lights," as used in the context of this ordinance, includes movement or
transition from one advertisement to another. The term "changeable message," as
used in the context of this ordinance, means multiple advertisements displayed on
an advertising sign that interchangeably appear based upon a predetermined
frequency or cycle.
— _--------PAGE_1_0-F3--
EXHIBIT A
Section 3. Findings
3.01. The City Council finds that it is necessary to conduct studies to review current
city codes applicable to illuminated advertising signs with changeable
messages. The purpose of the studies includes, but is not limited to,
determining the appropriate changes, if any, that should be made to the
City's official controls, including but not limited to Section 405 of city code.
3.02. It is hereby found and determined that it is in the best interest of the sound,
aesthetic and efficient development of the City as a whole, as well as in the
public's health, safety and welfare interests, that the authority granted by the
above-mentioned Minnesota Statute be used by the City in conjunction with
the above -authorized studies.
Section 4. Study; Moratorium.
4.01. A study is authorized to be conducted by the City staff and the Planning
Commission in accordance with the findings in Section 3 of this Ordinance.
4.02. Moratorium. Pending completion of the study and adoption of any
amendments to the City's official controls, the City hereby prohibits the
issuance or approval of any sign permit, building permit or other approval for
any sign that has illuminated flashing, blinking or moving lights or a
changeable message area as those terms are defined in this ordinance.
The City also prohibits the installation, construction, reconstruction or
expansion of any sign that has illuminated flashing, blinking or moving lights
or a changeable message area as those terms are defined in this ordinance.
4.03.- During the moratorium, applications for approval of signs prohibited in section
4.02 shall not be accepted by the City nor shall the Planning Commission or
City Council consider or grant approval of any such application.
Section 5. Enforcement. The City may enforce this ordinance by mandamus, injunction or
other appropriate civil remedy in any court of competent jurisdiction.
Section 6. Term. Unless earlier repealed by the City Council, this ordinance shall remain
in effect for a period of 120 days after its adoption. However, the City reserves the right to
extend the interim ordinance for such additional periods as may be appropriate, not to
exceed a total additional period of 18 months.
Adopted by the City council of the City of Crystal this 24th day of July, 2007.
ReNae J. Bowman, Mayor
PAGE 2 OF 3
Attest:
Janet Lewis, City Clerk
PAGE 3 OF 3
CITY OF CRYSTAL
RESOLUTION 2007 -
RESOLUTION ESTABLISHING A MORATORIUM
ON THE INSTALLATION, CONSTRUCTION OR EXPANSION
OF ILLUMINATED SIGNS WITH CHANGEABLE MESSAGES
WHEREAS, the City Council is concerned about the effects of illuminated advertising
signs with changeable messages upon the traveling public. These signs pose a hazard to
the traveling public by the use of colorful lights and changeable messages. These
attention -getting and eye-catching signs may threaten the safety of motorists, cyclists,
pedestrians and other users of public streets and property by diverting motor vehicle
drivers' attention away from the road; and
WHEREAS, the City Council has determined that no such signs should be installed,
constructed or expanded in the city until studies have been conducted to review the
current city code and determine if modifications to the code are necessary; and
WHEREAS, Minnesota Statutes, Section 462.355, Subd. 4 authorizes the City to adopt
interim zoning ordinances applicable to all or a part of the City for the purpose of protecting
the health, safety, and welfare of its citizens, which ordinance may regulate, restrict or
prohibit any use or development within the City for a maximum period not to exceed one
year, with a possible extension up to an additional period of 18 months; and
WHEREAS, for purposes of this Resolution, the term "illuminated flashing lights" means
any flashing, blinking, moving or traveling lights, a digital LED display or other means that
does not provide constant illumination. The term "flashing lights," as used in the context of
this ordinance, means any illumination that is not kept stationary or constant in intensity
and color at all times. The term "illuminated," as used in the context of this ordinance,
means characters, letters, figures, designs or outlines displayed by electric lights or
luminous tubes as part of the advertising sign. The term "moving lights," as used in the
context of this ordinance, includes movement or transition from one advertisement to
another. The term "changeable message," as used in the context of this ordinance,
means multiple advertisements displayed on an advertising sign that interchangeably
appear based upon a predetermined frequency or cycle.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CRYSTAL:
1. It is necessary to conduct studies to review current city codes applicable to
illuminated advertising signs with changeable messages. The purpose of the
studies includes, but is not limited to, determining the appropriate changes, if any,
that should be made to the City's official controls, including but not limited to
Section 405 of city code.
EXHIBIT B
PAGE 1 OF 2
2. It is in the best interest of the sound, aesthetic and efficient development of the City
as a whole, as well as in the public's health, safety and welfare interests, that the
authority granted by Minnesota Statutes, Section 462.355, Subd. 4 be used by the
City in conjunction with the above -authorized studies.
3. Pending the adoption and effective date of an interim moratorium ordinance, the
City hereby prohibits the issuance or approval of any sign permit, building permit
or other approval for any sign that has illuminated flashing, blinking or moving
lights or a changeable message area as those terms are defined in this
Resolution. The City also prohibits the installation, construction, reconstruction
or expansion of any sign that has illuminated flashing, blinking or moving lights or
a changeable message area as those terms are defined in this Resolution.
During the moratorium, applications for approval of signs prohibited in section
4.02 shall not be accepted by the City nor shall the Planning Commission or City
Council consider or grant approval of any such application.
4. The moratorium established by this resolution shall be in effect until the effective
date of the interim moratorium ordinance.
Adopted by the City Council of the City of Crystal this 24th day of July, 2007.
ReNae J. Bowman, Mayor
Attest:
Janet Lewis, City Clerk
PAGE 2 OF 2
Crystal City Code 400.17, Subd. 2
(Rev. 2004)
Subd. 2. Duties of building official; enforcement. The building official must enforce this subsection.
The building official must give the owner or occupant of any house or coimnercial building that does not
conform with this subsection 10 days written notice within which to comply with the terms of this subsection.
(Amended, Ord. No. 2001-04, Sec. 1; Ord. No. 2004-2, Sec. 6)
400.19. Enforcement; inspection. The building official shall enforce this section, consistent with the
Minnesota State Building Code, as currently adopted. The building official may enter buildings or premises
at reasonable times to inspect property or to perform the duties imposed by the building code, consistent with
the Minnesota State Building Code, as currently adopted. The building official or an agent designated by the
building official may seek warrants authoriznig the inspection of property. (Added, Ord. No. 2001-04, Sec.
2; Amended, Ord. No. 2004-2, Sec. 7)
Section 405 - Signs
405.01. Title; scope. Subdivision 1. Title. This section is the sign code of the city and is referred to as "this
code."
Subd. 2. Scope. The purpose of this code is to provide minimum standards to safeguard life, health,
property and public welfare by regulating and controlling the design, quality of materials, construction,
location, electrification, and maintenance of all signs and sign structures not located within a building, except
as provided herein.
Subd. 3. Enforcement authority; right of entry. The manager is authorized and directed to enforce
the provisions of this code. Whenever necessary to make an inspection to enforce any of the provisions of
this code, or whenever the manager has reasonable cause to believe that there exists a sign or a condition
which makes such sign unsafe, the manager may enter the premises or building on which such sign is located
at reasonable times to inspect the sign or to perform any duty imposed upon the manager by this code. If the
buildirig or premises on which the sign is located is occupied, the manager will first present proper credentials
and demand entry; if the building or premises is unoccupied, the manager must first make a reasonable effort
to locate the owner or other persons having charge or control of the building or premises and demand entry.
If entry is refused, the manager may pursue every remedy provided by law to secure entry. An owner or
occupant or any other person having charge, care or control of any building or premise may not, after proper
demand is made, refuse to permit entry by the manager for the purpose of inspection and examination
pursuant to this code. A person who violates this subdivision is guilty of a misdemeanor.
405.03. Definitions. Subdivision 1. "Approved plastic materials" means those materials having a self -
ignition temperature of 650 degrees fahrenheit or greater and a smoke -density rating not greater than 450
when tested in accordance with UBC Standard No. 42-1, in the way intended for use, or a smoke -intensity
rating no greater than 75 when tested in the thickness intended for use by UBC Standard No. 52-2. Approved
plastics are classified as and must meet the requirement for either CC 1 or CC2 plastic.
Subd. 2. 'Building code" means the building code contained in section 400.
EXHIBIT Cf
Crystal City Code 405.03, Subd. 3
Subd. 3. 'Business" means an establishment, occupation, employment or enterprise where
merchandise is manufactured, stored, exhibited or sold, or where services are offered for compensation.
Subd. 4. 'Business property" means a parcel of land upon which is located one or more businesses.
Subd. 5. 'Business proprietor" means a person owning or in effective control of a business.
Subd. 6. "Dwelling" means a building or portion thereof, designed exclusively for residential
occupancy including one -family, two-family and multiple -family dwellings; the term does not include
motels, hotels, and boarding houses.
Subd. 7. 'Effective control' means that control exercised over property by a business proprietor,
whether as owner or lessees, or by an owner or lessee of other property.
Subd. 8. 'Electric sign" or "electrical sign" means a sign containing electrical wiring; the term does
not include signs illuminated by an exterior light source.
Subd. 9. "Electronically or electrically controlled readerboard" means a sign, or section thereof,
messages of which may be changed by electronic process or remote control and the only movement of which
is the periodic changing of information against a solid, colorless background, having a constant light
illumination level using colorless lamps.
Subd. 10. "Face" or "face of the sign" means the area of a sign on which the copy is placed.
Subd. 11. "Limited multiple dwellings" means a dwelling containing four or fewer family units.
Subd. 12. "Marquee" means a permanent roofed structure attached to and supported by the building
and projecting over public property.
Subd. 13. "Multiple dwelling" means a dwelling containing more than four dwelling units.
Subd. 14. "Noncombustible," as applied to building construction materials, means a material that, in
the form in which it is used, is either one of the following:
a) a material of which no part will ignite or burn when subjected to fire: any material
conforming to UBC Standard No. 42-1 is noncombustible within the meaning of this
section, or
b) a material having a structural base of noncombustible material as defined in item a) above,
with a surfacing material not over 1/8 inch thick that has a flame -spread rating of 50 or less.
Crystal City Code 405.03, Subd. 15
The term does not apply to surface finish materials. Material required to be noncombustible for reduced
clearances to flues, heating appliances, or other sources of high temperature will refer to material conforming
to item a) above. A material is not classed as noncombustible that is subject to increase in combustibility or
flame -spread rating beyond the limits herein established, through the effects of age, moisture or other
atmospheric condition. "Flame -spread rating" refers to rating obtained according to tests conducted as
specified nl UBC Standard No. 42-1.
Subd. 15. 'Nonstructural trirn" means the molding, battens, caps, nailing strips, latticing, cutouts or
letters and walkways attached to the sign structure.
Subd. 16. "Roof line" means the top edge of a roof or building parapet, whichever is higher,
excluding any mansards, cupolas, pylons, chimneys, or minor projections.
Subd. 17. "Sign" means a device, structure, fixture or placard using graphics, symbols, written copy
or both for the primary purpose of identifying, providing directions or advertising any establishment, product,
goods or services.
Subd. 18. "Sign (bench)" means a sign affixed to a bench.
Subd. 19. "Sign (directional)" means an on -premises sign whose function is to provide locational
directions.
Subd. 20. "Sign (free-standing)" means a sign completely or principally self -supported by posts or
other supports independent of a building or other structure.
Subd. 21. "Sign (identification)" means a sign whose primary function is to identify a business upon
the premises; a secondary function of such a sign may be to call attention to products, goods or materials.
Subd. 22. "Sign (monument)" means a sign mounted directly to the ground with the maximum
height not to exceed six feet.
Subd. 23. "Sign (off -premise)" means a sign structure advertising an establishment, merchandise,
service or entertaimnent that is not sold, produced, manufactured or furnished at the property on which the
sign is located, e.g., "billboards" or "outdoor advertising."
Subd. 24. "Sign (on -premises)" means a sign that pertains to the use of the premises or the property
on which it is located.
Subd. 25. "Sign (portable)" means a sign so designed as to be movable from one location to another
and that is not permanently attached to the ground or any structure.
Subd. 26. "Sign (projecting)" means a sign, other than a wall sign, that is affixed to a building and
projects outward more than 15 feet from the building wall.
Crystal City Code
405.03, Subd. 27
Subd. 27. "Sign (roof)" means a sign erected upon or above a roof or parapet of a building or
structure.
Subd. 28. "Sign structure" means a structure that supports or is capable of supporting a sign as
defined in this section. A sign structure may be a single pole and may or may not be an integral part of the
building.
Subd. 29. "Sign (temporary)" means a sign which is erected or displayed, or both, for a limited
period of time.
Subd. 30. "Sign (wall)" means a sign attached or affixed to the exterior wall of a building and
projecting 15 inches or less from the surface of the wall.
Subd. 31. "Street right-of-way" means that area limited by a lot line abutting a public street or alley.
Subd. 32. Terms defined elsewhere in the city code or in material adopted by reference in this
section have the meanings given them.
405.05. Licenses. Subdivision 1. License required. It is unlawful to erect, install, reconstruct, alter, repair or
remove a roof sign, wall sign, projecting sign, or free-standing sign within the city without a sign hanger's
license.
Subd. 2. Application. Application for a sign hanger's license is made on forms furnished by the city
clerk. The manager will evaluate and investigate the qualifications of the applicant and report those findings
to the city council.
Subd. 3. Bonds and surety. Prior to the issuance of a sign hanger's license, the applicant must
submit evidence of public liability and property damage insurance in the amount of $100,000 because of
bodily injury to or death of one person per accident, $300,000 because of bodily injury to or death of more
than one person per accident, and $100,000 property damage per accident as a result of failure of any work
performed by the licensee and save the city harmless from any and all claims for expenses and damages by
reason of negligence, for any work performed or product furnished by the licensee. A bond in the amount of
$5,000 must be funlished conditioned such that all work performed by the licensee will be sufficient and
secure support and attaclnnents, and proper, suitable and skilled workmanship in the erection, construction,
reconstruction, alteration, repair and removal of a sign requiring a permit under the provisions of this section.
Subd. 4. Issuance. The city council issues the sign hanger's license. The council may revoke,
suspend or deny a license for cause as provided in appendix IV.
Subd. 5. Fee. The license fee must be submitted with the application for license and is set forth in
appendix N. Local non-profit/civic organizations are exempt from temporary sign permit fees for up to a
maximum of six signs per event. Fees in effect at the tune of application will be charged for any number of
signs beyond six.
Crystal City Code 405.05, Subd. 6
(Rev. 2001)
Subd. 6. License renewal. The license expires annually on the first Monday in February.
405.07. Permits. Subdivision 1. Permits required. It is unlawful to erect, install, repair, alter, relocate or re-
paint a sign within the city, except a permitted sign, as defined in subsection 405.17, subdivision 1, without
first obtaining a pen -nit to do so from the manager and payment of a fee as set by appendix N. Except for
temporary signs, pen -nits may only be issued to licensed sign hangers.
Subd. 2. Application for permit. Application for a permit are made upon fonns provided by the
clerk. The applicant must state or have attached to the application the following information:
a) name, address and telephone numbers of the applicant.
b) name, address and telephone number of person owning the sign.
C) a plot plan to scale, showing the location of lot lines, building, structures, parking areas,
existing and proposed signs, and any other physical features.
d) plans, location and specifications and methods of construction and attachment to the
building or placement method in the ground.
C) copy of stress sheets and calculations showing that the structure is designed for dead load
and wind pressure in any direction in the amount required by this code and the city code.
f) written consent of the owner or lessee (if other than the applicant) of any site on which the
sign is to be erected.
g) an electrical permit if required and issued for the sign.
h) other information that the manager may require to show full compliance with this code.
Subd. 3. Permit issued if application in order. When an application for a pen -nit is made, the
manager must examine the plans, specifications and other data, and the premises upon which the proposed
sign is to be erected. If it appears to the manager that the proposed structure is in compliance with all the
requirements of this code and the city code, the permit may be issued. If the work authorized under a permit
has not commenced within 180 days after the date of issuance of the pennit, the permit is void.
Subd. 4. Annual licenses. (Repealed, Ord. No. 2001-02, Sec. 1)
Crystal City Code 405.09
405.09 Design and construction. Subdivision 1. Uniform sign code adoption. The provisions of chapter 4 of
the uniform sign code, prepared and adopted by the International Conference of Building Officials (1991
edition), with the exception of section 403, subsections e) and f) and tables 4-13 and 4-C thereof, is adopted by
reference and is a part of this code as if fully set forth herein.
Subd. 2. Uniform sign code design and construction provisions applied to all signs. The provisions
of the uniform sign code apply to the following classifications of signs erected within the city:
a)
free-standing signs.
b)
monument signs.
C)
wall signs.
d)
projecting signs.
e)
marquee signs.
405.11. Electrical signs. Subdivision 1. General. Except as otherwise provided in the code, electrical signs
must be constructed of non-combustible materials. The enclosed shell of electric signs must be watertight,
but service holes fitted with covers must be provided into each compartment of such signs.
Subd. 2. Installation. Electrical equipment used in connection with electric signs must be installed in
accordance with national electrical code provisions regulating electrical installation.
405.13. Measurement standards. Subdivision 1. Area. The area of a sign is computed as follows:
Subd. 2. Calculating the area of the face of the sign. The area of the smallest geometric figure
(circle, triangle, rectangle, or trapezoid) within a single continuous perimeter enclosing the extreme limits of
the sign is considered the area of the face of the sign. The perimeter does not include any structural elements
lying outside the limits of such sign when not forming an integral part of the sign area containing the
message.
Subd. 3. Two or more faces. If a sign has two or more faces, the area of all faces will be included in
determining the total area of the sign, except that if two sign faces are placed back-to-back, and are at no
point more than 30 inches from one another, the area of the sign will be taken as the area of one face if the
two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. The area of
free letter wall sips includes a border area equal to the letter spacing.
Crystal City Code 405.15 (Rev. 2001)
405.15. General provisions. Subdivision 1. Repair, removal. A sign or sign structure which is rotted,
unsafe, defaced or otherwise altered, must be repainted, repaired, or replaced by the pen it holder, owner or
agent of the owner of the property on which the sign stands, as provided in subsection 405.37. (Amended,
Ord. No. 2001-02, Sec. 2)
Subd. 2. Preservation. Signs, together with supports, braces, guys and anchors, must be kept in
repair and in proper state of preservation. The faces of signs must be kept neatly painted or attached to the
sign structure.
Subd. 3. Electrical sins. Electrical signs must be installed by a licensed electrician in accordance
with the national electrical code.
Subd. 4. Signs in streets. Signs, other than governmental signs and courtesy bench signs regulated
by chapter VIII, subsection 805.01 of the city code may not be erected or temporarily placed within a street
right-of-way or upon any public lands or easements, or rights-of-way.
Subd. 5. Permits; certain signs. The temporary use of banners, pemlants, portable signs and similar
devices requires a permit. The permit is valid for seven consecutive days. Not more than three permits for
each business property for bamiers and pennants may be granted in a 12 -month period. Not more than three
permits for portable signs for each business property may be granted in a 12 -month period on a single
business property. The pen -nit must be prominently displayed.
Subd. 6. Distance to lot Pule. No part of the sign or sign structure of any free-standing, roof sign or
projecting sign may be within ten feet of any lot line except that in 13- 1, B-2, B-3, B-4, P-1, PUD -(CI), I-1
and I-2 districts, a projecting sign may be equidistant between the side lot lines of the land parcel if the parcel
of land is less than 20 feet in width.
Subd. 7. Distance from street right-of-way. No part of any free-standing sign, roof sign, projecting
sign or sign structure may be nearer than ten feet from the street right-of-way.
Subd. 8. Intersections. A sign or sign structure is not permitted on property at street intersections
within a triangular area formed with two legs, lying along the street property line and being 25 feet long, and
commencing at the intersection property comer, and the third leg comiecting the ends of the other two legs.
A sign (but not a sign structure) may be located in the triangular area provided that:
a) the clearance above street grade is not less than 14 feet;
b) no part of the sign structure encroaches in the triangular area at an elevation less than 14 feet
above street grade;
C) no other free-standing, roof sign, or projecting sign is located on the premises; and
Crystal City Code 405.17 (Rev. 2001
d) the provisions of subsection 405.15, subdivision 7, apply.
405.17. Permitted signs. Subdivision 1. Except as otherwise provided in this subsection, the signs described
in the following subsections are allowed without a permit but must comply with other applicable provisions
of this code. (Amended, Ord. No. 2001-02, Sec. 3 )
Subd. 2. Public signs. Signs of a public, non-commercial nature, including safety signs, danger
signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques,
and the like, when signs are erected by or on order of a public officer or employee in the performance of
official duty. These signs need not comply with other provisions of the sign code.
Subd. 3. Identification signs. Signs in R-1 and R-2 districts that identify the home occupation,
owner or resident and set forth the address of the premises where the sign is located and which contain no
other material. There may be one such sign per premise, not to exceed four square feet in area. If the sign is
free-standing, the total height may not exceed five feet.
Subd. 4. Integral signs. Names of buildings, dates of construction, commemorative tablets and the
like, that are of a permanent type of construction and that are an integral part of the building or the structure.
Subd. 5. Political campaign snails. Temporary signs or posters announcing a candidate seeking
political office or advocating political issues, and data pertinent thereto may not exceed four square feet in all
zoning districts. Campaign signs must contain the name and address of the person or committee responsible
for such sign, and that person or committee will be responsible for its removal. These signs may remain in
place for no longer than 45 days before and five days after the election for which they are intended. In state
general election years political signs of any size may be posted from August 1 until ten days following the `s
state general election. Political campaign signs must be confined to private property, and may be located
within a set back area, provided that the provisions of subsection 405.15, subdivision 8, apply. A political
sign may not exceed eight square feet in area.
Subd. 6. Construction signs. A non -illuminated sign, amiouncing the names of architects, engineers,
contractors, or other individuals or firms involved in the construction, alteration, or repair of a building (but
not including any advertisement for any product) or announcing the character of the building enterprise, or
the purpose for which the building is intended. Construction signs must be confined to the site of the
construction, alteration, or repair, and must be removed within two years of the date of issuance of the first
building permit or when the particular project is completed, whichever is sooner. One sign may be permitted
for each street frontage which the project abuts. The area of a construction sign may not exceed 32 square
feet.
Subd. 7. Holiday signs. Signs or displays that contain or depict a message pertaining to a national or
state holiday and no other matter, displayed for a period not to exceed 45 days.
//�
Crystal City Code 405.17, Subd. 8
Subd. 8. Individual property sale or rental suis. An on -premises sign announcing the name of the
owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing
the purpose for which it is being offered. The signs must be removed within 14 days after sale or rental of
property. The signs may not be illuminated. The signs may not measure more than four square feet in R-1,
R-2, R-3, R-4, R-0, P-2, and PUD -(GR), B -la, P-1 and PUD -(CI) districts. Only one sign per premise is
permitted. Corner properties may contain one sign for each street frontage.
Subd. 9. Governmental and other public suns. This subsection applies to signs, other than those
specified in subdivision 2, erected by the state, any political subdivision of the state, churches, cemeteries,
public and private institutions of learning, and institutions of purely public charity. Any such sign erected in
residential zoning districts must conform as nearly as possible to the architecture of the building on which it
is erected or to which it relates and to the architecture of other buildings and structures in the immediate
vicinity of the sign. A pen -nit and aimual license is required for such signs, but they are exempt from the
license fee. Permits for such signs may be issued by the manager only after approval by the city council. The
application for the permit must contain the manager's comments as to the architectural conformance required
by this subsection.
Subd. 10. Commercial signs in residential zones. A sign advertising a commercial enterprise,
including real estate developments or subdivisions, permitted in a district zoned residential may not exceed
32 square feet in area and may advertise only the name of the owner, trade names, products or services sold
or the business or activity conducted on the premises where the sign is located. The sign must confonn as
nearly as possible to the architecture of the building on which it is erected or to which it relates and to the
1—IN architecture of other buildings and structures in the vicinity of the sign. A sign permit and annual license is
required for such signs, but there is no license fee. Permits for such signs may be issued only after approval
by the city council. The application for the permit must contain the manager's comments as to the
architectural conformance required herein. Only one such sign is allowed per premise.
Subd. 11. Product identification suns. A product identification sign is an emblem, decal, design
illustration, or device, not located on a sign structure, that is placed on and intended to draw attention to a
product contained in a container, vehicle or structure, or to a service offered by the owner of such container,
vehicle or structure.
Subd. 12. Gare sale signs. Signs identifying the location and times of a garage sale may be placed
on the property at which the sale is to be conducted or on the property of others with their consent. The signs
may not exceed four square feet in area per side, may not be placed on or attached to any utility pole or public
signs, and are subject to the provisions of subsection 405.15, subdivision 8. Garage sale signs must be
removed within 24 hours of the time stated on such sign for the conclusion of the sale, and such time must be
stated on the sign. For purposes of this subsection a garage sale is an occasional sale, of limited duration, of
used goods or merchandise conducted by a property owner on the owner's premises.
.-4N
Crystal City Code 405.17, Subd. 13
Subd. 13. Recreational area signs. Signs may be placed on the interior surface of fencing
surrounding a private recreational area used for organized sports functions including, but not limited to, little
league, Babe Ruth leagues and similar activities. Any sign immediately adjacent to such recreational areas
existing on January 1, 1974, are authorized, but no additional signs of this type may be erected on those areas.
Subd. 14. Directional signs. A sign may be placed at or near primary vehicular entrances to an
establishment provided that the sign:
a) is placed so as not to impair the vision of motorists either on a public street or entering or
exiting therefrom;
b) is set back at least one foot off the property line (the signs are exempt from other setback
provisions);
C) may not exceed six square feet in area nor six feet in height; and
d) may not contain any advertising copy other than the name of the shopping center or
establishment, its logo, or both, and the relevant directional information.
405.19. Free-standing and projecting signs B-1 B-2 B-3 B-4 P-1 P-2 PUD -(CI) I-1 and I-2).
Subdivision 1. Number and lype of signs in B-1 B-2 B-3 B-4 P-1 PUD -(CI) I-1 and I-2 districts. A
business property is limited to the following number and type of signs:
one free-standing sign or monument sign in addition to wall signs, or
one projecting sign in addition to wall signs.
A property abutting more than one street may have one additional free-standing or projecting sign on one of
the additional street rights-of-way (except as provided in subsection 405.15, subdivision 8) provided that such
street right-of-way is on an arterial or collector street and such sign is more than 50 feet distant from any
other free-standing, projecting or roof sign on the property. This provision excludes any sign (off -premises)
except as set forth in subsection 405.35.
Subd. 2. Free-standing signs. Free-standing signs in B-1, B-2, B-3, B-4, P-1, PUD -(CI), I-1 and I-2
zoning districts are subject to the following requirements:
a) a maximum height of 25 feet. The height of free-standing signs is measured from the center
line of the street nearest to the proposed sign location.
b) a free-standing sign is not permitted on any street right-of-way frontage of less than 50 feet
width, the provisions of subsection 405.19, subdivision 1 notwithstanding.
W
Crystal City Code 405.19, Subd. 3
C) the area of a free-standing sign may not exceed:
Street desi ng ation Area allowable
(of street abutting frontage) (in square feet)
Principal arterial 200
Minor arterial and major collector 150
Collector 100
Local 50
For the purpose of establishing free-standing sign area allowances, frontage is that width of
property abutting the public right-of-way from which the sign is intended to be viewed or, if
that width camiot be determined, the width of the property that abuts the closest street to the
proposed sign location.
d) The area of a free-standing sign is limited to one square foot of frontage on the public right-
of-way. This allotment may not exceed the limits set forth in clause c) above.
e) A free-standing sign will not be permitted within 50 feet of a residence or any district zoned
R-1, R-2, R-3, R-4, R-0, P-2, or PUD -(GR), or of a public park, school, library, church, or
similar institution or government property.
f) The minimum setback for a free-standing sign, or any part thereof (including the supports,
structure, display or trim) will be ten feet, regardless of the sign's size.
Subd. 3. Projecting signs. Projecting signs in B-1, B-2, B-3, B-4, P-1, PUD -(CI), 1-1 and I-2 zoning
districts are subject to the following regulations:
a) Minimum clearance of sign. Projecting signs must have not less than ten feet minimum
clearance above grade and no sign may project more than four feet six inches from the face
of the building to which it is attached; a sign may not project beyond the property line.
b) Maximum area and height of sial. A projecting sign may not exceed the maximum height
herein provided for free-standing signs. The area may not exceed 10% of the total area of
the building frontage, either individually or in combination with wall signage.
C) A projecting sign is not permitted within 50 feet of any district zoned for residential
purposes (R-1, R-2, R-3, R-4, R -O, P-2 and PUD -(GR)) or of any public park, school,
library, church or similar institution, or government property.
d) A projecting sign may not extend upward to a point higher than the roof line of the building
to which the sign is attached.
Crystal City Code
Subd. 4. Wall signs. Wall signs B-1, B-2, B-3, B-4,1-1,1-2, R-0, P-1, PUD -(CI).
405.19, Subd. 4
(Rev. 1994)
a) The total area of all wall signs and projecting signs may not exceed 10% of the area of the
wall it is on, up to a maximum as defined by the street designation scheme contained in
subsection 405.19, subdivision 2 c). For the purposes of assigning a street designation, that
street from which the sign is untended to be viewed is used. In commercial or industrial
districts, buildings exceeding 80,000 square feet in size on lots of over 200,000 square feet
are permitted to have wall signage of up to 250 square feet. The maximum number of signs
that will be permitted on each wall is two. The area of free letter wall signs will include
border area equal to the letter spacing. Wall signs may not extend beyond the ends of the
wall. (Amended, Ord. No. 94-7, Sec. 1)
b) A wall sign may be displayed on the side or rear of a building facing a yard not abutting on a
street under the following conditions:
1) The sign is visible from a public roadway on which the building abuts.
2) The side or rear yard on the side of the building to be signed must meet district
setback and buffering requirements.
3) The sign(s) may not be larger in area than the largest sign permitted elsewhere on
the building.
4) If the side or rear yard on the side of the building to be signed abuts a park property
or a residential district, any lighting of sign must be shielded in accordance with
zoning code provisions in subsection 515.07, subdivision 10.
Subd. 6. Canopies and marquees. (B-1, B-2, B-3, B-4, P-1, PUD -(CI), I-1 and I-2.
a) Signs may be attached to canopies and marquees. A sign above or below the canopy or
marquee is considered a projecting sign. A sign on the face of the canopy or marquee is
considered a wall sign.
b) Canopies and marquees are a part of the building structure but the area of canopies and
marquees may not be used in the computation of total wall area.
C) Signs attached to canopies or marquees may not extend over the roof line of the building
structure.
d) Signs attached below a canopy or marquee may not be less than eight feet above the grade
below.
Subd. 7. Bench signs. An advertising matter may not be placed on benches unless the bench bears a
legend indicating the name of the person donating or sponsoring the bench. The advertising copy may not
exceed 12 square feet in area.
Crystal City Code
405.21
405.21. Special provisions for residential districts. In R-3 districts, limited multiple dwellings may have one
identifying sign per building, not to exceed four square feet in area. In B -1-A, P-1, PUD -(CI), and R4
districts, one identifying sign, not to exceed 12 square feet in area, is permitted for each building.
405.23. Prohibited signs. The following signs are prohibited by this code:
a) A sign that obstructs or distracts the vision of drivers or pedestrians, or detracts from the
visibility of any official traffic control device.
b) A sign that contains or imitates an official traffic sign or signal, except for private, on -
premise directional signs.
C) A sign that rotates more than five revolutions per minute. A moving part of any rotating
sign may not extend more than four feet from the rotational axis.
d) A sign that contains or consists of barriers, pennants, ribbons, streamers, strings of light
bulbs, spinners, or similar devices, except as provided in subsection 405.15, subdivision 5.
e) Portable signs, except as provided in subsection 405.15, subdivision 5.
0 Signs that are tacked or posted on trees, fences, utility poles, or other such supports.
Q) Signs painted directly on walls of buildings; this clause does not apply to temporary on -
premise signs painted on the window portion of a wall.
h) Signs displaying moving parts, or illuminated with any flashing or intermittent lights, or
animated except as provided below:
Electronically or electrically controlled readerboards that provide time and temperature,
public service information, or on-site advertising are permitted provided that the sign:
1) meets all the requirements of this section;
2) displays a given copy or graphic image for a minimum of three seconds within the
readerboard frame;
3) are either a wall, free-standing or monument sign and when the readerboard is to be
included in a free-standing or monument sign, the area of the readerboard may not
exceed 50% of the total area of the sign in which it is integrated and only one
readerboard per premise is allowed.
Crystal City Code
405.25
i) Unshielded display lighting that permits light to be directed at traffic in such brilliance that it
may impair or distract the vision of the driver of a motor vehicle.
J) A sign or illumination that may interfere, obscure, or cause confusion with an official traffic
sign or signal. This provision is applicable to indoor signs visible from public streets.
k) Roof signs.
405.25. Variances. Subdivision 1. Purpose. To provide for flexibility and a reasonable interpretation of the
provisions of this code, a permit applicant who wishes the council to vary the strict application of the
provisions of this code may file a variance application. It is the policy of the city to ensure that no variance is
granted that violates the literal provisions, intent or spirit of this code without the satisfaction of the several
criteria specified in subsection 405.25, subdivision 3, below, which constitute undue hardship.
Subd. 2. Procedure. A person seeking a variance from the provisions of this code may apply to the
manager showing such information as may be required to properly identify the sign and the proposed
conditions of the requested variance. Upon receipt of the application and the fees required by appendix IV,
the manager must forward the application to the planning commission together with necessary documentation
and such other information as in the manager's judgment is necessary for the planning commission to make a
recommendation.
Subd. 3. Hearin . The planning commission will hear the application at its next regular meeting, or
as soon thereafter as is practicable. The commission, acting as the board of adjustment and appeals, must
make its recommendation to the city council within 60 days. After reviewing the written recommendation of
the planning commission, the council will consider requests for variances from the literal provisions of the
code in instances where their strict enforcement would cause an undue hardship because of circumstances
unique to the individual property under consideration and may approve the granting of variances where such
an action will be in keeping with the spirit and intent of this code. The council may conduct a public hearing
on such notice as the council deems advisable, about the variance request prior to council consideration of the
request. Before the council may grant a variance, it is the responsibility of the applicant to prove, and the
council must make the following findings:
a) that there are exceptional or extraordinary circumstances applicable to the property or to the
intended use that do not apply generally to other property similarly situated;
b) that the variance is necessary for the preservation and enjoyment of a substantial property
right possessed by other property similarly situated, but which right is denied to the property
in question;
Crystal City Code 405.25, Subd. 4
C) that the strict application of this code would constitute an undue hardship;
d) that the granting of the variance would not be materially detrimental to the public health,
safety or general welfare;
e) that the alleged difficulty or hardship is caused by this code and has not been created by any
persons presently having an interest in the parcel;
f) that the difficulty or hardship is not based solely on economic considerations; and
g) that the proposed variance will not impair an adequate supply of light and air to adjacent
property, substantially increase the congestion of the public streets, or interfere with the
function of the police and fire department of the city.
Subd. 4. Lapse of variance. If within a period of one year after the granting of a variance, the work
as permitted thereby is not completed the variance will lapse unless such time is extended by the council.
The application for the same variance will not be considered by the council for a period of one year after such
lapse.
Subd. 5. Termination of variance. A variance granted after the effective date of this section will
terminate upon a change in the effective control o£
11'**N a) the business property upon which the sign is located;
b) the business to which the sign relates;
C) the property on which the sign is located.
405.27. Non-conforminiz signs and sign structures. Subdivision 1. Defined. A non -conforming sign or sign
structure is a sign or sign structure that does not confonn to the provisions of this code and is not a prohibited
sign or sign structure defined in subsection 405.23. The term includes a sign that was granted a variance prior
to the effective date of this code where the variance pennitted conditions that do not conform to the
provisions of this code.
Subd. 2. Amortization. Non -conforming signs and sign structures as defined in subdivision 1, must
be removed withni ten years of the effective date of May 7, 1993.
Subd. 3. Rules. A non -conforming sign or sign structure may not be:
a) Improved or upgraded in any manner which may extend the useful life of the sign or sign
structure.
Crystal City Code 405.27, Subd. 4
b) Changed to another non -conforming sign or sign structure by means of changing the design,
shape or lighting.
1) Relamping is permitted provided that no change is made in the color, shape,
shielding, or intensity of the light.
2) Minor repair is permitted provided that such repair is limited to replacement of like
device or member. The manager will detennime if the repair qualifies under this
clause. The manager's determination may be appealed to the commission acting as
the board of adjustments and appeals.
3) Painting of the sign and sign structure is permitted provided that no change is made
in the shape, size, design, or reflectiveness of the sign or sign structure.
C) Enlarged or expanded in any way.
d) Relocated unless the sign and sign structure will then conform to all other provisions of this
ordinance.
e) Repaired, rehabilitated or re-established after damage or destruction amounting to 50% of
the fair value is detennined by the manager except as noted in clause b) 2).
f) Re-established after discontinuance or abandonment for 60 days.
g) Continued for a period of more than 60 days after a change in the effective control of
1) the business property upon which the sign is located;
2) the business to which the sign relates; or
3) the property on which the sign is located.
Subd. 4. Removal. A non -conforming sign or sign structure must be removed as provided in
subsection 405.37, when the owner is notified that the sign or sign structure is unsound, damaged, in
disrepair, hazardous or at the time the amortization period has expired. Failure of notification on the part of
the city will not place any liability on the part of the city nor absolve or mitigate any liability on the part of
the owner of such sign or sign structure.
405.29. Special area identification provision for multiple use buildings. Multiple use buildings are
considered a single commercial establishment and are limited to one free-standing sign per qualifying street
frontage, up to the limit set forth in subsection 405.19. However, in order to achieve a higher degree of area
identification while pursuing the goal contained in the municipal comprehensive
Crystal City Code 405.31
plan of reducing signage in the city, multiple use buildings located at a street intersection may opt to combine
the free-standing sign area allowances for the two individual qualifying frontages into a single sign provided
that:
a) all setback requirements are met, including those provided in subsection 405.15, subdivision
8;
b) the sign is placed within 35 feet of the intersection of the two streets in question and is
intended to be viewed from both streets; and
C) the total area of such sign may not exceed an area equal to 2/3rds of the sum of the area
allowances for free-standing signs for the individual frontages, as provided in 405.19,
subdivision 2, clauses c) and d).
405.31. Comprehensive sign plan required. Subdivision 1. General. Upon the first occasion of annual
permit renewal after the effective date, owners (or their designated operating agents) of shopping centers and
multiple use buildings of two or more businesses or industries, if they have not already done so, must submit
a comprehensive sign plan to the manager for approval. The manager's approval will be contingent upon a)
demonstrated consistency with all applicable provisions of this code and b) consistency with any other design
guidelines or principles which have been applied to the area within which the development is contained,
including, but not limited to, special provisions of a designated redevelopment project over a development
district.
Subd. 2. Conformance. Signs erected within the shopping center or multiple use building must
conform to the conditions of the sign plan.
Subd. 3. Non -conforming signs. Existing signs within a multiple use development that do not meet
the requirements of this section or the development's sign plan are non -conforming signs and are subject to
the restrictions set forth in subsection 405.27.
405.33. Illuminated signs. Where a sign is illuminated, the source of light may not be directed upon any part
of a residence or into any area zoned for residential use. Such illumination must be indirect or diffused.
405.35. Signs (off -premise). Subdivision 1. Zones. A sign (off -premise) may be erected only on premises
zoned B-1, B-2, B-3, B-4, P-1, PUD -(CI), 1-1 and I-2.
Subd. 2. Area.
a) The maximum area of a sign (off -premise) is 200 square feet. Two sign faces will be
permitted provided the faces are not separated by more than 30 inches at any point.
b) The maximum height of a sign (off -premise) is 25 feet, measured from the center line of the
street nearest the proposed sign location.
Crystal City Code
Subd. 3. Siting.
405.35, Subd. 3
a) Signs (off -premise) will be restricted to property adjoining the rights-of-way of state trunk
highway number 100.
b) The minimum lineal distance between signs (off -premise) is 1,000 feet.
G) The minimum setback from street right-of-way lines is 30 feet.
d) The minimum setback at the intersection of two streets will be 50 feet from either street line.
e) A sign (off -premise) may not be located within 250 feet of any residence, whether such
structure is located in a residential district or is a non -conforming use in any other district. A
sign (off -premise) may not be located within 250 feet of a public park, school, library,
church or similar institution or government property.
Subd. 4. Specifications. The structure of the sign (off -premise) must be all metal. The metal must
be either painted or treated in such maimer as to prevent deterioration. Sign facing or border may be
constructed or finished in wood.
Subd. 5. Other regulations. The building inspection deparhnent will order the removal of any sign
(off -premise) or its structure erected or maintained in violation of the law as it existed prior to January 1,
1974.
405.37. Violations, notice; procedures. Subdivision 1. Nuisance declared. Signs placed, erected, or
maintained in violation of this section are declared a public nuisance and may be abated as such.
Subd. 2. City manager; powers. If the manager finds a sign being erected by an unlicensed person,
where a license is required, or finds a sign being erected without a permit or where continuation of such sign
erection would constitute an immediate threat to the safety of the public, the manager must immediately
orally notify the person erecting the sign that the action is in violation of this ordinance and will issue a stop -
order as to such erection in the same mariner as provided in the building code. It is unlawful to continue such
erection after the notification provided for in this subsection.
Subd. 3. Notice. If the manager finds a sign placed, erected or maintained in violation of this section
the manager will notify the owner of the sign, and the owner of the property upon which the sign is located of
such violation. The notice must be in writing, handed to or mailed to the last known address of such person
or persons. The notice must state in substance the nature of the violation and that if the sign is not removed
or action taken to make the sign comply with this section within five days excluding Saturdays, Sundays and
legal holidays, of receipt of the notice, the manager may cause the sign to be removed and disposed of by any
appropriate means.
Crystal City Code 405.37, Subd. 4
(Rev 2004)
Subd. 4. Cost of removal. The cost of removal of a sign in violation of this section will be computed
by the manager and will be assessed against the property involved as in the manner provided for iii Minnesota
Statutes, section 429.101.
Subd. 5. Penal . It is unlawful for any person to fail to modify or remove a sign after the expiration
of the five -days' notice provision of this subsection or to fail to comply with a lawful order given by the
manager with respect to a sign. Violation of the provisions of this code is a misdemeanor.
Section 410 - Moving Buildings
410.01. Definitions. Subdivision 1. For the purposes of section 410, the terms defined in this subsection
have the meanings given them.
Subd. 2. "Building" means any structure subject to the provisions of the state building code and
section 400 of this code. The term also includes farm buildings and dwellings.
Subd. 3. "Removal location" means a location in the city to which a building may properly be
moved and on which such building may properly be located after such moving under the provisions of this
section.
410.03. House mover's license. It is unlawful to move, remove, raise, or hold up any building within the
limits of the city without a license to do so by the city. License fees are set by appendix IV of this code.
Upon the filing of an application for a house mover's license, the application will be referred to the building
official who must make an investigation of the qualifications of the applicant to carry on the work of moving,
raising and holding up buildings and report findings thereon to the council. Upon a report being filed with
the council and the execution of the required bond and its acceptance by the council such license may be
granted or refused, in the discretion of the council. A license may not be granted to any person less than 21
years of age. (Amended, Ord. 2004-2, Sec. 8)
410.05. Insurance and bond. A house mover's license may not be issued unless the applicant first files with
the clerk a policy or policies of insurance insuring the applicant against liability imposed by law in the limits
of $100,000 because of bodily injury or death of one person per accident; $300,000 because of bodily injury
to or death of two or more persons per accident, and $100,000 property damage liability per accident. The
policy must provide that it may not be cancelled by the insurer except upon notice to the city. In case of
cancellation of such insurance the license will be automatically suspended until the insurance has been
replaced. A license may not be granted until the party applying therefor has given a bond in the sum of
$3,000 with good and sufficient sureties to be approved by the city attorney and the council, and conditioned
that the party will save, indemnify and keep harmless, the city against all liabilities, judgments, costs and
expenses, that in any way accrue against the city in consequence of the granting of the license, including the
cost of the city for the services of public utility maintenance personnel necessitated by the moving of any
building, and will comply with the provisions of this section and with the conditions of any permits which
may be issued to them.
- ME M OR AND U M
DATE: August 31, 2007
TO: Planning Commission (September 10th meeting)
FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator
SUBJECT: Consider Application 2006-22 (CONTINUED) for a Conditional Use Permit
For educational/classroom services at 5736 Lakeland Ave N.
A. BACKGROUND
The subject property at 5736 Lakeland Ave is currently occupied by the African Food
Market. The front portion of the building is used for retail. The applicant is proposing to
use a vacant 3,405 square feet space for educational/classroom services. The uses
include an after school tutoring program conducted by the Liberian Youth Network; a
group that will provide lessons on speaking and writing the English language to seniors;
and computer classes for the needy.
The subject property consists of 1.05 acres and is zoned C-2, General Commercial.
Educational/classroom services require a conditional use permit under 515.49 Subd. 4
b) provided the following conditions are met:
The facility is served by arterial, collector or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by the
facility.
■ The City Council determines that all applicable requirements of subsection 515.05
subd. 3 a) and section 520 are considered and satisfactorily met.
515.05 Subd. 3 a): In addition to specific standards or criteria included in the
applicable district regulations, the following criteria shall be applied in
determining whether to approve a conditional use permit request:
1) The consistency of the proposed use with the comprehensive plan.
2) The characteristics of the subject property as they relate to the proposed use.
3) The impact of the proposed use on the surrounding area.
As with all conditional use permits, a public hearing held by the Planning Commission
must precede City Council action on the application. The Planning Commission held
the public hearing on January 8, 2007. The item was continued at the January 8th
meeting and is only now being brought back to the Planning Commission because we
did not receive the necessary additional information and revised site plan until August
24, 2007. The public hearing notice was re -sent to those property owners within 350
feet of the subject property on August 28, 2007.
The following Exhibits are attached:
A. General location map.
B. Aerial photo showing the location of the subject property.
C. Narrative submitted by applicant.
D. Floor plan.
E. Proposed off-site parking plan.
F. Site plan
G. Lease for off-site parking
H. Access easement for off-site parking.
Staff Comments:
1. West Metro Fire
• The occupant load of the room will be 200 people.
• The room shall have a sign with the occupancy load number on it.
It shall be posted by one of the main doors.
• An exit sign shall be located at the main double doors of this space.
• There shall be a 101b ABC fire extinguisher within a 75 foot travel
distance from anywhere in the space. The extinguisher(s) shall be
mounted on the wall between 4 and 5 feet and have a current
inspection tag.
• Sprinkler permit/plans will be required to be pulled by the sprinkler
contractor before doing work and approval is by the Fire Inspector.
• Additional horns/strobes will be required to be installed by the
alarm company. The locations will be determined by the Fire
Inspector. An application and permit is required prior to starting
work.
• Emergency lighting shall be located in the new space along with
verifying that there is emergency lighting in the hallway or corridor
area.
• Panic hardware shall be on all exit doors.
• Information on the use of the stage shall be provided to the fire
inspector.
2. Parking
• in accordance with parking requirements in Section 515.17 the proposed use
must provide the following off-street parking spaces:
- 48 spaces for educational/classroom use (120 fixed seats @ 1 space per
2.5 seats)
- 12 spaces for the African Food Market retail space (2,990 sq. ft. @ 1
space/250 sq. ft.)
- 20 spaces for other retail space (4 tenants @ minimum 5 spaces per
tenant)
- 5 spaces for offices (3 office spaces @ 1 space/250 sq. ft., min. 5 spaces)
- 2 spaces for storage space accessory to the other uses (1,162 sq. ft. @ 1
space/2,000 sq. ft.)
CONDITIONAL USE PERMIT - EDUCATIONAL/CLASSROOM SERVICES- 5736 LAKELAND AVE N
2
The existing parking lot at 5736 Lakeland will have 49 spaces when reconfigured per
the approved plan approved with building permit #33296 on March 30, 2007. The
existing lot will meet the minimum number of parking spaces required for the retail,
office and accessory storage uses within the building. An additional 47 parking spaces
will be constructed on the adjacent Carpet King property at 5756 Lakeland in order to
meet the minimum parking requirements for the educational/classroom services use.
Off-site parking is permitted per Section 515.17 Subd. 4 j). The applicant has provided
a copy of a lease agreement with the owner of 5756 Lakeland Ave N and a recorded
access easement allowing him and his customers to use a portion of that property for
parking. Upon termination of the lease agreement, the educational/classroom services
shall cease. No non -conforming use rights would be created by the granting of the
requested Conditional Use Permit because one of the conditions for its approval would
be that the applicant secure and maintain adequate off-site parking as required by city
code.
A paved pedestrian way must be provided from the off-site parking area to the principal
use being served. The proposed parking plan shows a 6' sidewalk from the parking lot
to the service entrance on the north side of the building. A sidewalk must also be
installed along the north and west side of the building to provide access to the main
doors for the educational/classroom area facing Lakeland. The sidewalk shall be a
- minimum of 5 feet in width.
Additional landscaping will be provided to provide screening from the residential
properties to the east. The City Forester recommends that Common Lilac, Barberries,
or Hedge or Amur Maple be used for the screening. Any other type of planting must
receive pre -approval from the Forester prior to planting. Three deciduous shade trees
must be planted on the 5756 Lakeland property in the grass area south of the new
parking lot, and these must be pre -approved by the Forester prior to planting. Also, any
dead or dying trees existing on either property (5736 or 5756 Lakeland) must be
replaced.
Hennepin County's preliminary concept plan for the reconstruction of County
Road 81 and adjacent frontage road (Lakeland Ave) shows 5756 Lakeland being
acquired for road right-of-way. This is a proposed Hennepin County project so
the city would not expect to be involved in the potential acquisition of 5756
Lakeland. Because the applicant is requesting a Conditional Use Permit for uses
that would be dependent on parking to be provided on the 5756 Lakeland parcel,
the acquisition would impact the uses within the building at 5736 Lakeland. Any
use of the building that is allowed based on the provision of the required parking
through an off-site facility would be dependent on such parking continuing to be
available. Any city approval of such use would include a stipulation that, if the
parking required by city code ceases to exist, then the use dependent on such
parking must also cease. For example, if 5756 Lakeland is acquired for roadway
purposes and the off-site parking for 5736 Lakeland is therefore eliminated, then
the Conditional Use Permit at 5736 Lakeland would be rescinded upon
CONDITIONAL USE PERMIT - EDUCATIONAL/CLASSROOM SERVICES- 5736 LAKELAND AVE N
3
elimination of that parking. At such time, the educational/classroom use would
have to cease unless the parking required by city code is provided in some other
manner.
3. Site and Floor Plans:
The floor plan submitted by the applicant does not accurately reflect how the remainder
of the building is currently configured or used. Some of the tenant spaces have had
work done that is not depicted on the plan submitted. The applicant must provide as -
built plans for the entire building.
The site plan for the 5736 parcel lot does not show access to the proposed off-site
parking area to the lot to the north and a different location for the dumpster and
enclosure. The applicant must provide a revised site plan showing these changes for
staff review and approval prior to commencement of any work on the parking lots on
either parcel.
Staff recommends approval of the requested Conditional Use Permit to allow
classroom/educational services. The following conditions must be included as part of
any approval for this conditional use permit:
1. The space is to be used only for educational/classroom services as
described in the narrative submitted by the applicant dated January 8,
2007.
2. Tables and seating must be arranged as shown on the submitted floor
plan (Exhibit E). Tables must be permanently affixed to the floor to
provide for permanent seating. The City Building Official must inspect to
see that the tables are permanently affixed to the floor prior to the
issuance of a Certificate of Occupancy.
3. A Certificate of Occupancy must be issued by the Building Official prior to
any use or occupancy of the space.
4. No alcohol may be served as part of any use in the space.
5. All activities related to the classroom/educational service use shall be
confined to the space labeled "meeting" on the floor plan (Exhibit E), No
classroom or educational services are permitted in the retail or storage
areas of the building or outside.
6. Hours of operation shall not be before 7:00 am and after 10:00 pm.
7. A sign permit is required prior to installation of any signage.
8. Secure necessary permits prior to commencing any work within the
building.
9. There shall be no outdoor storage of any equipment or materials.
CONDITIONAL USE PERMIT - EDUCATIONAL/CLASSROOM SERVICES- 5736 LAKELAND AVE N
4
10. A permit must be issued prior to the construction of the off-site parking
area in accordance with the normal requirements for parking lots including
_
136-12 concrete perimeter curb and gutter and bituminous surfacing
subject to the approval of the City Engineer. The permit application shall
include a revised site plan showing the access drive between the 5736
and 5756 Lakeland parcels and the revised location of the trash
enclosure.
11. The parking area must be completed, including a final inspection to
ensure compliance with the approved permit, prior to any use or
occupancy of the space labeled "meeting" on the floor plan.
12. In the event that the off-site parking required under Section 515.17 for the
educational/classroom use is eliminated for any reason, then this
Conditional Use Permit shall be automatically rescinded and the
educational/classroom use shall cease. Causes of such elimination could
include, but are not limited to, cancellation or expiration of the applicant's
lease with the owner of 5756 Lakeland, or acquisition of 5756 Lakeland by
Hennepin County for the reconstruction of CSAH 81(Bottineau Blvd). No
non -conforming use rights related to the requirements of Section 515.17
are created by the granting of this Conditional Use Permit.
13.A sidewalk must be installed around the north and west side of the
building leading to the doors on the west side of the building.
14. Any dead or dying trees on the lot at 5756 must be replaced as part of the
construction of the off-site parking area. In addition, 3 deciduous shade
trees shall be planted in the open grass area between the parking lot and
south lot line.
15. Common lilac, Barberries, or Hedge or Amur maple must be planted to
provide screening from the residential properties to the east. Other plant
types must be pre -approved by the City Forester prior to installation.
16.All requirements listed by West Metro Fire must be met prior to the
issuance of a Certificate of Occupancy.
Planning Commission action is requested. The City Council would consider the
Planning Commission's recommendation at its next meeting on September 18, 2007.
CONDITIONAL USE PERMIT - EDUCATIONAL/CLASSROOM SERVICES- 5736 LAKELAND AVE N
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(TYPICALLY 62 02 CARPET WITH PADDING) w,
2) COLOR AND PAINT SCHEDULE SHALL BE CHOSEN BY TENANT.
3) ALL EQUIPMENT IN THE GROCERY STORE WILL BE PROVIDED BY
THE TENANT'S FOOD SERVICE EQUIPMENT VENDOR,
� FLOOR PLAN
1 1/B 1 0
AFRICAN FOOD
MARKET
5736 L WB AND AVENUE NORTH
O2)STAL, MINNESOTA 55429
/11/6/2006, ADDENDUM 11, PER OWNER
�1/10/2007, ADDENDUM J2, PER OWNER
/3\ 3/19/2007. ADDENDUM M3. PER CITY
REVISION
�HISTORY
�- THIS SHEET
D U AN \
DUAN CC PYMnON
161E oa we regi - B,.vR1 Nnesb 161 SSM6
T.I.p6..e MMM 6 ... —1, W.6A.=
1 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR
REPORT WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY REGISTERED
ARCHITECT UNDER THE LAWS OF THE STATE OF
MINNESOTA
SIGNATURE
NAME FRANK DUAN
DATE: 10/9/2006
REGISTRATION NUMBER: 26236
FLOOR PLAN,
SCHEDULE,
CONSTRUCTION NOTES
AND ELEVATIONS
COMM. N0. 06-15
SCALE 1/8• 1,-0"
DATE 10/9/2006
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EXHIBIT D
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EXISTING UTILITY POLE EXISTING TREE
EXISTING CURB SET B CK SHRUB:ALPINE CURRENT PROPERTY LINE
TO MATCH !QC'7Q'tCt 10 (TYP.I.^
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This Plan Must Be
Maintained and Accessible
on the Construction SE
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GENERAL LAND LEASE FOR PARKING
This is a Land Lease dated April 21, 2007. It is a Legal Agreement between Henry K. Addy, and the
African Food Market ,& Deli, respectively, with offices located at 11356 Rosemill Lane, Champlin, MN 55316
(Tenant), and 2800 22V Street, LLC (Landlord) to rent the Property described herein. The word AGENT FOR
LANDLORD,:as users if itis Lease means 2800 22"a Street, LLC with the principal owner and Management's
office locate at 2025 Avenue Avenue South, Suite 203, Mpls, Mn 55404.
This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either
one of them does not comply with this Lease.
1. Description of Property. The Property is located at Northern Half Rear Parking Area of the
property located at 5756 Lakeland Avenue North, Crystal, Minnesota 55429.East Lake Street, County of
Hennepin, State of Minnesota, further described herewith by attached Exhibit "A" as follows:
Total numbered parking spaces; as indicated by the attached; exhibit "A", Property
Survey.
2. Term of Lease. This lease is for two (2) years commencing on July 1st, 2007, or within 30 days
from City Approval of a Conditional Use Permit whichever is earlier, and ending on June 30th, 2008.
Landlord has the Right to cancel this Lease with 60 -Day Notice to the Tenant in writing. After the Lease
Term ends this agreement shall become a Month -to -Month Lease with sixty (60) Days notice to cancel.
3. Rents
a. Amount. The Rent for the property is four Hundred ($ 400) per month for six months (6) months
totaling ($2400.00). Six (6) months at ($500) per month totaling ($3000). Six (6) months at ($600)
per month totaling ($3600), and the final six months at ($700) per month totaling ($4200). Rent is
due in Landlord' office by the 5th day of the month and shall be subject to a 5% late payment penalty
payable immediately as additional rent.
b. Payment. The rent payment for each month must be paid on or before the first day of
Each month at the Landlord's above designated address. Landlord does not have to give notice to
Tenant to pay the rent.
4. Quiet Enjoyment. If Tenant pays the rent and complies with all other terms of this lease, Tenant
May use Property for the term of this Lease.
Right of Entry. Landlord and Landlord's agents may enter the property at reasonable hours to
Repair or inspect the Property and perform any work that Landlord decides is necessary. Except in
the case of an emergency, Landlord shall give Tenant reasonable notice before entering the Property.
6. Assignment and Subletting. Tenant shall not Assign, Sublet, or Sell it's interest in the Property to
any other entity without the prior written consent of the Landlord. If Tenant defaults any of these
covenants, Landlord may terminate this Lease immediately. Assignment or sublease made without
Landlord's written consent shall not be effective. Tenant must have Landlord's written permission
for any changes.
EXHIBIT G
7. Surrender of Premises. Tenant shall give Landlord possession of the Property when this Lease
ends. T sha11.;1eave the Property in as good a condition as it was when the Lease started, with
th�` exeptP.
reasonable wear and tear. Unless Landlord receives written notice 30 days prior to
eminate the lease, landlord at its option may deem Tenant a holdover Tenant on a
month to basil: Landlord can give tenant notice to vacate upon 10 days written notice if
' tionale to other tenants in the Property. Landlord can move Tenant to another
Tenant's use�J
parking location within the Property at anytime, or terminate this Lease without cause.
8. Default. If Tenant does not pay the rent when due, or if Tenant violates anant Landlord may
in this Lease,
Landlord may take immediate possession of the Property. If Tenant doe not comply, Y
bring an eviction action and the Landlord may rent the Property to another Party. Any rent received
by Landlord for re -renting shall be use first to pay Landlord's expenses for re -renting the Property
and second to pay any amount Tenant owes under this Lease. Tenant shall be responsible for paying
the difference between the amount of rent owed by Tenant, this lease and the amount of rent, if any,
received by Landlord from a new tenant plus the expenses paid by the Landlord, including court
costs and attorneys fees.
Should the Tenant violate any term of this Lease and Landlord does not terminate this Lease or evict
Tenant, Landlord may still terminate this Lease and evict Tenant for any other violation of this
Lease.
9. Abandoned Personal Property. When Landlord recovers possession of the Property, then
Landlord may consider Tenant's personal property on the Property to also have been abandoned.
Landlord may then dispose of the personal property in any matter that the Landlord thinks proper.
Landlord shall not be liable to Tenant for disposing of the personal property.
10. Rules and Regulations. Tenant agrees to abide by reasonable rules and regulations adopted by
landlord from time to time.
terms
11. Heirs and Assigns. The terms of this Lease apply
s of the Tenant or Landlord andeanperoson to
Lease also apply to any heirs or legal represenative
whom this lease is assigned.
12. Insurance requirement: Tenant shall provide Landlord with Proof of $1,000,000 Liability
Insurance prior to possession of the Property and hereby indemnifies the Landlord from any claims
resulting from its use of the Property.
13. Contingency: This lease is subject to Landlord review and approval of the City of Crystals
Conditional Use Permit granted to the Tenant.City
Conditional Use Permit is not granted by June
15th then this Agreement shall be deemed Null and
d.
14. Improvements: Landlord shall not be responsible for the cost associated with the repairs, site -work
required by the City of Crystal, snow removal, or maintenance of the lot.
Any improvements proposed will not commence without written approval by the landlord. Tenant
shall provide proof of payment prior to work commencement to Landlords satisfaction.
R -A
15.
Tenan S
the offer
16. Notices
sal: In the event the Landlord receives a purchase offer from a 3`d party, the
.3 Business Days from Landlord's written notice to match the price and terms of
tai a�. co,`ntingencies. Landlord Notice shall be valid by facsimile, or email.
eer LArdlord and Tenant Notice contact addresses below. Email, facsimile, mail,
r .r nertified mail are all deemed as Legal Notices to the parties.
AGENT FOR LNNDLORD:
280022 nd , LLC
2025 Nicollet Avenue South
Suite 203
Minneapolis, MN 55404
Dir -612-872-6707
Fax -612-872-0728
Tenant Notices:
Henry Addy: 11356 Rosemill Lane
Champlin, MN 55316
Dir) 763-323-9605
Fax)763-546-8832
Email: hkwa@aol.com
S 01 °00'53" W 155.94
'•. ti': •"� t :� (67 PUBLIC BKiiT OF WAY. JP EITMEB SIDE CFC.ENIEAIItiE) .
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AND PRIOR TAXES PAID
TAXPAYER SE�RVICES
MAY 0 7 2007
HENNEP N OOUNTY MINN.
aDEPUTY
GRANT OF ACCESS EASEMENTS
This Grant of Access Easement entered into this _ day of May, 2007, by and
- between- 2800- LLC, a Minnesota -limited liability company_ "Grantor") and H. Kwaku
Addy, an individual ("Grantee").
WHEREAS, Grantor is the owner of certain real property legally described as Lot 1,
Block 1, Embers 2nd Addition, Hennepin County, Minnesota (the "Burdened Parcen;
WHEREAS, Grantee is the owner of certain real property located South of the
Burdened Parcel legally described as Lot 2, Block 1, Embers 2nd Addition, Hennepin
County, Minnesota (the "Benefited Parcel");
WHEREAS, Grantor and Grantee have previously entered into a General Land
Lease for Parking, dated April 21, 2007 (the "Lease") whereby Grantor has leased a portion
of the Burdened Parcel to Grantee for use as parking for the Benefited Parcel (the "Parking
Area");
WHEREAS, Grantee also requires use of two (2) strips of land located on the
Burdened Parcel. connecting the Benefited Parcel and Parking Area, as depicted on Exhibit
A attached hereto (the "Easement Areas"), for vehicular access and pedestrian access,
respectively, from and to the Parking Area and the Benefited Parcel;
WHEREAS, Grantor is willing to grant to Grantee certain access easements as
hereinafter set forth, all subject to the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and other good and valuable consideration, Grantor and Grantee hereby agree and covenant
as follows:
1. Grant of Access Easements. Grantor, as owner of the Burdened Parcel,
hereby grants and conveys to Grantee, as owner of and for the benefit of Benefited Parcel,
and for use by Grantee, its customers, employees, and invitees, an appurtenant easement for
vehicular access and an appurtenant easement for pedestrian access from and to the
Benefited Parcel and the Parking Area on, over, and across the Easement Areas.
310581v1 LMW AD155-1 1 EXHIBIT H
have the right,
2. Construction of Irr>provementtnan Grantee
rall wa s�l�the Easement Areas. Grantee
his sole
expense, to construct a driveway and a pedes Y
shall not permit any liens or encumbrances to accrue against the Burdened Parcel.
3 Termination. The easements granted hereunder shall terminate upon
termination of the Parking Lease.
IN WITNESS WHEREOF the undersigned have executed this instrument the day
and date first above written.
2800 LLC
STATE OF MINNESOTA
ss..
COUNTY OF HENNEPIN
The going in nt as acknowledged before me Pis l qday of May,
2007, by
e w the �'��� � %d7s r� 12 of
2800 LLC, a limited liability ompan u er the laws of Minnesota, by and on behalf of
said company.
Notary Public
STATE OF MINNESOTA F YARED MUlATU RIKITU
ss.:k� ` notary Public Minnesota
My commission Expires
�;.I�!;++ January 31, 2011
COUNTY OF HENNEPIN % ,>
The foregoing, instrument was acknowledged before me this day of May,
2007, by H. Kwaku Addy, an individual.
Notary Public
This document drafted by:
Kennedy & Graven, Chtd.
470 U.S. Bank Plaza
200 South Sixth St.
minneanolis. MN 55402
310581vI LMW AD 155-1 2
.:i
PARED MULATU RIKITU
Notary Public Minnesota
"iF
Y Commission Expires
~='b
January 31, 2011
ified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Transaction ID: 310903
Doc # DocTvpe
Fee
A8974770 ESMT
$46.00
Total
$46.00
Tendered
$46.00
Escrow
$0.00
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CITY COUNCIL ACTIONS ON PLANNING COMMISSION ITEMS
July 24, 2007:
1. The Council considered a Preliminary Plat of Professors 2nd Addition. Motion carried
to approve.
2. The Council considered the 1st Reading of an ordinance amending Section 515.45
(Zoning C-1, Neighborhood Commercial) to allow residential uses as a conditional use.
Motion carried to approve.
August 21, 2007:
1. The Council considered the 2nd Reading of an ordinance amending Section 515.45
(Zoning C-1, Neighborhood Commercial) to allow residential uses as a conditional use.
Motion carried to approve. Ordinance adopted with an effective date of 9/30/07
3, MINUTE TIME LIMIT IS ALLOWED PER PERSON
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DATE
NAME
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TELEPHONE NO. --
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