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04-07-26 PC Agenda and Packet A.6:00 P.M. - CALL TO ORDER B.ADMINISTRATIVE PRESENTATIONS B.1 Planning Commission Appointment & Oath of Office B.2 Election of Chair and Vice-Chair B.3 Adoption of Bylaws C.PUBLIC HEARINGS C.1 Consider a Request to Rezone the Property Located at 6651 Galpin Boulevard from Rural Residential to Single-Family Residential. C.2 Consider a Conditional Use Permit for a Contractor's Yard at 1480 Park Road C.3 Ordinance XXX: Amending Chapters 1 and 20, Updating Sign Definitions and Regulations D.GENERAL BUSINESS E.APPROVAL OF MINUTES E.1 Approve Planning Commission Meeting Minutes dated March 17, 2026 F.COMMISSION PRESENTATIONS G.CORRESPONDENCE DISCUSSION H.OPEN DISCUSSION I.ADJOURNMENT AGENDA CHANHASSEN PLANNING COMMISSION TUESDAY, APRIL 7, 2026 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 NOTE: Planning Commission meetings are scheduled to end by 9:00 p.m. as outlined in the official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible, the Chairperson will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the public record based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it is up to each individual City Council member and Mayor if they want it to be made part of the public record or not. There is no State Statute that forces the Mayor or City Council to share that information with the public or be made part of the public record. Under State Statute, staff cannot remove comments or letters provided as part of the public input process. 2 Planning Commission Item April 7, 2026 Item Planning Commission Appointment & Oath of Office File No.Item No: B.1 Agenda Section ADMINISTRATIVE PRESENTATIONS Prepared By Amy Weidman, Senior Admin Support Specialist Applicant Present Zoning Land Use Acerage Density Applicable Regulations SUGGESTED ACTION SUMMARY Per State Statute 358.05, the oath of office to be taken by members and officers of either branch of the legislature shall be that prescribed by the Constitution of the State of Minnesota, Article IV, Section 8. Every person elected or appointed to any other public office, including every official commissioner, or member of any public board or body, before transacting any of the business or exercising any privilege of such office, shall take and subscribe the oath defined in the Constitution of the state of Minnesota, Article V, Section 6. On Monday, February 23, 2026, the City Council reappointed Eric Noyes and Steve Jobe to the Planning Commission for three-year terms ending March 31, 2029. Jenny Potter, City Clerk, will administer the oaths of office. 3 BACKGROUND DISCUSSION RECOMMENDATION ATTACHMENTS Eric Noyes Oath Steve Jobe Oath 4 PH 952.227.1100 • www.chanhassenmn.gov • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA • 55317 OATH OF OFFICE I, Eric Noyes, do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of Planning Commissioner of the City of Chanhassen, Minnesota to the best of my judgment and ability, so help me, God. Eric Noyes Date: April 7, 2026 STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) Subscribed and sworn to before me this 7 day of April 2026. Notary Public 5 PH 952.227.1100 • www.chanhassenmn.gov • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA • 55317 OATH OF OFFICE I, Steve Jobe, do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of Planning Commissioner of the City of Chanhassen, Minnesota to the best of my judgment and ability, so help me, God. Steve Jobe Date: April 7, 2026 STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) Subscribed and sworn to before me this 7 day of April 2026. Notary Public 6 Planning Commission Item April 7, 2026 Item Election of Chair and Vice-Chair File No.Item No: B.2 Agenda Section ADMINISTRATIVE PRESENTATIONS Prepared By Amy Weidman, Senior Admin Support Specialist Applicant Present Zoning Land Use Acerage Density Applicable Regulations SUGGESTED ACTION The Chanhassen Planning Commission motions to elect _______________ as Chair and _________________ as Vice-Chair. SUMMARY According to the Planning Commission Bylaws, Section 4.1-Election of Officers, at the first meeting in April of each year, the Planning Commission shall hold an organizational meeting. At this meeting, the Commission shall elect from its membership, a Chair and Vice Chair. Each member shall cast their vote for the member they wish to be chosen for Chair. If no one receives a majority vote, voting shall continue until one member receives the majority support. The Vice Chair shall be elected from the remaining members of the same proceeding. 7 Eric Noyes - term ending April, 2029 Steve Jobe - term ending April, 2029 Katie Trevena - term ending April 2027 Jeremy Rosengren - term ending April 2027 Ryan Soller - term ending April 2028 Mike Olmstead - term ending April 2028 Dave Grover - term ending April 2028 BACKGROUND DISCUSSION RECOMMENDATION ATTACHMENTS 8 Planning Commission Item April 7, 2026 Item Adoption of Bylaws File No.Item No: B.3 Agenda Section ADMINISTRATIVE PRESENTATIONS Prepared By Eric Maass, Community Development Director Applicant Present Zoning Land Use Acerage Density Applicable Regulations SUGGESTED ACTION "The Chanhassen Planning Commission adopts the 2026 City of Chanhassen Planning Commission bylaws." SUMMARY Staff is suggesting only one minor revision to the bylaws. The proposed revision is to modify the meeting curfew from 10:30 p.m. to 9:00 p.m. This is to align with the meeting commencing at 6:00 p.m. The meeting curfew may still be waived at the discretion of the Chairperson. BACKGROUND DISCUSSION 9 RECOMMENDATION Staff recommends adoption of the 2026 Planning Commission Bylaws as presented. ATTACHMENTS BYLAWS 2026 10 Adopted April, 7, 2026 1 BYLAWS PLANNING COMMISSION CITY OF CHANHASSEN The following bylaws are adopted by the City Planning Commission to facilitate the performance of its duties and the exercising of its functions as a commission established by the City Council on June 17, 1968 and pursuant to the provision of Subdivision 1, Section 462.354 Minnesota State Statutes annotated. SECTION 1 - DUTIES AND RESPONSIBILITIES - PLANNING COMMISSION: 1.1 The Planning Commission shall serve as an advisory body to the City Council through carrying out reviews of planning matters. All final decisions are to be made by the City Council. The Planning Commission is established and members appointed by the City Council in accordance with City Code Section 2-46.03 1.2 The Planning Commission shall prepare a Comprehensive Plan for the future development of the city and recommend on amendments to the plan as they arise. 1.3 The Planning Commission shall initiate, direct, and review the provisions and standards of the Zoning Ordinance and Subdivision Regulations and reports its recommendations to the City Council. 1.4 The Planning Commission shall review applications and proposals for zoning ordinance amendments, subdivisions, street vacations, conditional use permits and site plan reviews and make their recommendations to the City Council in accordance with the Zoning Ordinance and Subdivision Ordinance. 1.5 The Planning Commission shall hold public hearings on development proposals as prescribed by the Zoning and Subdivision Ordinances. 1.6 - Establishment of Subcommittees The Planning Commission may, as they deem appropriate, establish special subcommittees comprised solely of their own members. 11 Adopted April, 7, 2026 2 SECTION 2 - MEETINGS: 2.1 - Time Regular meetings of the Planning Commission shall be held on the first and third Tuesday of each month at 6:00 p.m. at the City Council Chambers, 7700 Market Boulevard, unless otherwise directed by the Chairperson, in which case at least 24-hours’ notice will be given to all members. Regular meetings shall have a curfew of 9:00 p.m. which may be waived at the discretion of the Chairperson. All unfinished business will be carried over to the next regular Planning Commission meeting. When the regular meeting day falls on a legal holiday, there shall be no Planning Commission meeting. 2.2 - Special Meetings Special meetings shall be held upon and called by the Chairperson, or in his/her absence, by the Vice-Chairperson or any other member with the concurrence of four other members of the Planning Commission, and with at least 48 hours of notice to all members. Notice of all special meetings shall also be posted on the official city bulletin board. 2.3 - Attendance Planning Commission members shall attend not less than seventy-five (75%) percent of all regular and special meetings held during a given (calendar) year, and shall not be absent from three (3) consecutive meetings. Failure to meet this minimum attendance requirement may result in removal from the Planning Commission at the discretion of the City Council. SECTION 3 - COMMISSION COMPOSITION, TERMS AND VACANCIES: 3.1 - Composition The Planning Commission shall consist of seven (7) voting members. Seven members shall be appointed by the City Council and may be removed by the City Council. 3.2 - Terms and Vacancies The City Council shall appoint seven members to the Commission for terms of three (3) years. Vacancies during the term shall be filled by the City Council for the unexpired portion of the term. Every appointed member shall, before entering upon the charge of his/her duties, take an oath that he/she will faithfully discharge the duties of his office. All members shall serve without compensation. 3.3 - Quorum 12 Adopted April, 7, 2026 3 Four Planning Commission members shall constitute a quorum for the transaction of business. Whenever a quorum is not present, no final or official action shall be taken at such a meeting. Members of the Planning Commission which are present may hold a work session in lieu of an official meeting. SECTION 4 - ORGANIZATION: 4.1 - Election of Officers In April of each year, the Planning Commission shall hold an organization meeting. At this meeting, the Commission shall elect from its membership a Chairperson and Vice-Chairperson. Each member shall cast its vote for the member they wish to be chosen for Chairperson. If no one receives a majority, voting shall continue until one member receives the majority support. Vice-Chairperson shall be elected from the remaining numbers of the same proceeding. 4.2 - Duties of the Chairperson and Vice-Chairperson The Chairperson or in his/her absence, the Vice-Chairperson, shall preside at meetings, appoint committees from its own membership, and perform other such duties as ordered by the Commission. The Chairperson shall conduct the meeting so as to keep it moving rapidly and efficiently as possible and shall remind members, witnesses and petitioners to preserve order and decorum and to keep comments to the subject at hand. The Chairperson shall not move for action but may second motions. SECTION 5 - PROCEDURE: 5.1 - Parliamentary Procedure Parliamentary Procedure governed by Roberts Rules of Order Revised, shall be followed at all regular meetings. At special work session meetings, and when appropriate, the Planning Commission may hold group discussions not following any set Parliamentary Procedures except when motions are before the Planning Commission. SECTION 6 - PUBLIC HEARINGS: 6.1 - Purpose of Hearings The purpose of a hearing is to collect information and facts in order for the Planning Commission to develop a rational planning recommendation for the City Council. 6.2 - Hearing Procedure 13 Adopted April, 7, 2026 4 At hearings, the following procedure shall be followed in each case: a. The Chairperson shall state the case to be heard. b. The Chairperson shall call upon the staff to present the staff report. Required reports from each City department shall be submitted to the Planning Commission before each case is heard. c. The Chairperson shall ask the applicant to present their case. d. Interested persons may address the Planning Commission for a duration of up to five minutes, giving information regarding the particular proposal. e. Petitioners and the public are to address the Chairperson only, not staff or other Planning Commissioners. f. There shall be no dialogue among the Planning Commissioners giving information regarding the particular proposal. (The Planning Commission members may ask questions of persons addressing the Planning Commission in order to clarify a fact, but any statement by a member of any other purpose than to question may be ruled out of order.) g. After all new facts and information have been brought forth, the hearing shall be closed and interested persons shall not be heard again. Upon completion of the hearing on each case, the Planning Commission shall discuss the item at hand and render a decision. The Planning Commission, if it so desires, may leave the public record open for written comments for a specified period of time. h. The Chairperson shall have the responsibility to inform all the parties of their rights of appeal on any decision or recommendation of the Planning Commission. 6.3 - Schedule At meetings where more than one hearing is scheduled, every effort shall be made to begin each case at the time set in the agenda, but in no case may an item be called for hearing prior to the advertised time listed on the agenda. SECTION 7 - MISCELLANEOUS: 7.1 - Planning Commission Discussion a. Matters for discussion which do not appear on the agenda may be considered and discussed by the Planning Commission under the sections: Commission Presentations, Administrative Presentations, Correspondence Discussion or Open Discussion 14 Adopted April, 7, 2026 5 b. Matters which appear on the agenda as Open Discussion items will not be recorded as minutes. 7.2 - Suspension of Rules The Planning Commission may suspend any of these rules by a unanimous vote of the members present. 7.3 - Amendments Amendment of these bylaws may be made at any regular or special meeting of the Planning Commission but only if scheduled on the meeting agenda in advance of the meeting. 7.4 - Review At the first meeting in April of each year, these Bylaws shall be read and adopted by the Planning Commission. Chairperson: Date: April 7, 2026 g:\plan\planning commission\bylaws\bylaws 2026.docx 15 Planning Commission Item April 7, 2026 Item Consider a Request to Rezone the Property Located at 6651 Galpin Boulevard from Rural Residential to Single-Family Residential. File No.Planning Case #26-06.Item No: C.1 Agenda Section PUBLIC HEARINGS Prepared By Rachel Arsenault, Associate Planner Applicant Steve & Wendy Buresh Present Zoning Rural Residential District (RR) Land Use Residential Low Density Acerage 2.50 Acres Density Current Density 1.11 Net Units/ Acre. Applicable Regulations City of Chanhassen 2040 Comprehensive Plan and 2040 Future Land Use Map. SUGGESTED ACTION “The Chanhassen Planning Commission recommends that the City Council approve rezoning the property located at 6651 Galpin Blvd from Rural Residential to Single-Family Residential.” SUMMARY The Applicant is requesting a rezoning from Rural Residential to Single-Family Residential to facilitate a Metes & Bounds Subdivision. This proposal aligns with the property's future land use designation as shown in the City of Chanhassen 2040 future land use map. BACKGROUND 16 This property is located in the Lake Lucy Highlands development, platted in 1986. This development was guided Residential Large Lot by the 2040 Comprehensive Plan. City sewer and water service were made accessible to this property during the reconstruction of Galpin Boulevard in the summer of 2024. The extension of these services made the property eligible for reguidance in accordance with the policies of the 2040 Comprehensive Plan. On March 24, 2025, the Chanhassen City Council approved a reguidance of the property in the 2040 Comprehensive Plan from Residential Large Lot to Residential Low Density. This reguidance made the property eligible for rezoning and subsequently subdivision. DISCUSSION RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the rezoning from Rural Residential to Single-Family Residential for the property located at 6651 Galpin Boulevard. ATTACHMENTS Development Application Narrative Survey Plan Set Staff Report Findings of Fact Affidavit of Mailing 17 COMTIUNITY DEVELOPMENT DEPARTTENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen. MN 55317 Phone: (9521227-1100 / Fax: 1952) 227-11'10 *crfforrnAl,rrmsrr{ APPLICATION FOR DEVELOPMENT REVIEW subminaror", Gl /& I Zg?r PCDare:CC Date:6O-Day Review Date: _ Section 1: Application Type (check all that apply) (Refet aoth€ app,rgp/rb,te Apdtcati,,l Cf,eck13, D Comprenensive Plan Amendment..................... D ConditionalUse Permit (CUP) D Single-Family Residence .............. fJ ntothers......... n & D Slgn Plan Review D Site Plan Review (SPR) I lominlstrative.............. submifial inlormat,on tat must acr,o/7l,p€ny this adication) E Suooivision (SUB) fr. eut 3 lots or |ess.............. ! etat over 3|ots............ ts D Consolidate Lots.................. Meles & Bounds (2 lots) f] Rdministrative Subd. (Line Adiustmenr) ! finalPlar...... D Vacation ol EasementVRighl-oFway (VAC) (Addrtional recording lees may apply) (esll.n lor requird .... $700 ..$400 .... $600 a .. $s00 $1 2s0 .. $300 $1 s0 fJ tnterim Use Permit (lUP) I ln conlunction with Single-Family Residence.. $400 D ntt Orhers.......... ..... $600 E Rezoning (REZ) I Planned Unit Development (PUD) .................. $750 D Variance (VAR) Minor Amendment to existing PUD................. $1m Ail Orhers..... .......... $600 fl WettanO Alteration Permit (WAP) D Singe-family Residence...... .. $150 $7oo' .. $3oo ..... $200 ..... $150 $27s $200 $s00 Description of Ptoposal: Property Address or Location Parcel #; Total Acreage: Present Zoning ,) Present Land Use Existing Use of Properly: B Check box il separate narrative is attached '...-$150 E nU CIhers......... [] nppeal of Administrative Decision ""'$100 5t Legal Description L Wetlands Presenl?fi ves No n*J Requested Zoning:iJ \s,t( frrr)l Requested Land Use Designation:Nl t+ n Residentiat/CommerciaylndustrialDistricts.. $750" D Zoning Ordinance Amendment (ZOA) llO'!!: Whan multiple ryl,f,Aluts rrc prpcasscd concunufiy, tt?8 rytqdafil, tae s,,d,l b clsrggd lor xh app,icedon. $200 fJ Escrow lor Recording Documents (check all that apply).......... ..$ per document D Conditional Use Permit - $50 [ tnterim Use Permit - $50 D Site Plan Agreemenl - $85 f] Wetland Alteration Permit - $50 [ Easements (- easernents) - $85 f] Vacation - $85 fl Variance - $50 fl[tvtetes & Bounds Sub (2 deeds) - $250 D Deeds - $1oo TOTAL FEE: 'lncludes $450 escrow for attorney costs. "Additional escrow may be required for other applications through the development contract. I Section 2: Required lnformation d I hq 18 Section 3: Property Owner and Applicant lnformation APPLICANT OTHER THAN PROPERTY OWNER: h signing this application, l, as applicant, represent ro have obtained authorization from the properly owner to file this application. lagree to be bound by conditions of approval. subiect only to the right lo objecl at lhe hearings on the application or during the appeal period. lf this application has not been signed by the property owner, I have atlached separate documentation of lull legal capacity to lile the application. This application should be processed in my name and I am the pany whorn the City should contaGl regarding any maner pertaining to this applicalion. I will keep myselt inlormed of the deadlines lor submission ol material and the progress of this application. I further undersland lhat additional lees may be charged lor consulting fees. ,easibility sludies, etc. with an eslimate prior to any authorization to proceed with the study. lcenity Contact Phone:Address ciry/stare/zip Email: Cell: Fax: DateSignature: __ PROPERTY OWNER: ln signing lhis application. l. as property owner, have lull legalcapacity to. and hereby do, authorize the filing ol lhis application. I understand that conditions ol approval are binding and agree lo b€ bound by those condilions, sublect only to the right io obiecl al the hearings or during the appeal periods. I will keep myselt informed ol the deadlines for submission of malerialand the progress of this application. I lunher unde]staM lhat additional fees may be charged lor consulting lees, leasibility sludies. elc. with an estimate prior to any authorization lo proceed with the sludy. I cerlify thal the inlormalion and exhibits submilted are true and correct. Name:$jirst Uq& BUf"s\BI'T Conlacl Phone: B ure Address -tn City/State/Zip oY 5s 35\ l-, Signature Zo z-S This application must be completed in ,ull and be typewrinen or clearly printed and must be ac{ompanied by all intormation and plans required by applicable City Ordinance provisions. Berore liling lhis applicalion, refei to the appropriate Application Checklist and conler with the Planning Department to determine lhe spcilic ordinance and applicable procedural requiremenls. A delermination of compleleness o, the application shall be made within 15 business days of application submittal. A wrinen nolice of application deticiencies shall be mailed to lhe applicant within 15 business days ol apdication. Cell: Far: Date Contacl Phone: I Section 4: Notif ication lntormation m Prop€rty Owner Email D Applicanl Email D Engineer Email D Otrer' Email who should receive Name - Crty/Slalozip Email: INSTRUCIONS TO APPLICANT: Complete all necessary form tields, then selecl SAVL FoR M to save a copy to your device. PRINT foRM and delive, to ciry along with required documants and payme . SUBM|TFORMtosendadigital copy to the city for processing. the inlormation and exhibits submitted are lrue aod correct. Name: Email: PROJECT ENGINEER (if applicable) Name: Aeiro..' city/statezip: Email: Cell: Fax. 'Olher Contacl lnlormalion: Address: _ 19 Proposed amendment for Lot 2, Block 1, Lake Lucy Highlands Address: 5551 Galpin Boulevard Excelsior, Minnesota 55331 Ownerc: Steven W. Buresh and Wendy Lam Buresh Held in the Buresh Living Trust With the completion of the active sanitary sewer and city water connections on Galpin Boulevard north from Lake Lucy Road in 2024 and the two separate city connections created on the above property, we would like to propose the following amendments. 1) Rezone our property from large lot residential to residential low density. 2) Subdivide our 2.5-acre lot into two 1.25 acre lots. The current 2.5-acre lot is 235 feet on the east and west (facing Galpin Boulevard) sides. The proposed amendment would produce two lots 117.5 feet on the east and west sides and would remain 350 feet on the north and south sides. The existing home at 6551 Galpin Boulevard would remain on the new northern 1.25-acre lot. ln regards to the new southern 1.25-acre lot, our proposal is to build a new single level residential home after the sale of our existing home at 6651 Galpin Boulevard on the northern lot. This proposed change seems to fit with staff's future desire for the area and fits with the sanitary sewer and city water work that was done as part of the 2024 portion of the Galpin Boulevard project. Thank you for your consideration in this proposal. Steven W. Buresh and Wendy Lam Buresh 5651 Galpin Boulevard Excelsior, Minnesota 55331 Phone: 20 21 22 Application: Rezoning (Planning Case #2026-06) Staff Report Date: April 1, 2026 Drafted By: Rachel Arsenault, Associate Planner Planning Commission Review Date: April 7, 2026 City Council Review Date: April 27, 2026 SUMMARY OF REQUEST: The Applicant is requesting a rezoning from Rural Residential to Single-Family Residential to facilitate a Metes & Bounds Subdivision. LOCATION: 6651 Galpin Boulevard, Excelsior, MN 55331 PID: 254070020 APPLICANT/OWNER: Steve & Wendy Buresh PRESENT ZONING: Rural Residential, RR 2040 LAND USE PLAN: Residential Large Lot ACREAGE: 2.50 acres CURRENT DENSITY: 1.11 net units/acre PROPOSED MOTION: “The Chanhassen Planning Commission recommends City Council approve rezoning from Rural Residential to Single-Family Residential for the property located at 6651 Galpin Boulevard.” 23 Page 2 of 3 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has discretion in approving a rezoning because the city is acting in its legislative or policy-making capacity. A rezoning must be consistent with the city’s Comprehensive Plan. Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS City of Chanhassen 2040 Comprehensive Plan and 2040 Future Land Use Map PROPOSAL/SUMMARY The Applicant is requesting a rezoning from Rural Residential to Single-Family Residential to facilitate a Metes & Bounds Subdivision. BACKGROUND This property is located in the Lake Lucy Highlands development, platted in 1986. This development was guided Residential Large Lot by the 2040 Comprehensive Plan. City sewer and water service were made accessible to this property during the reconstruction of Galpin Boulevard in the summer of 2024. The extension of these services made the property eligible for reguidance in accordance with the policies of the 2040 Comprehensive Plan. On March 24, 2025, the Chanhassen City Council approved a reguidance of the property in the 2040 Comprehensive Plan from Residential Large Lot to Residential Low Density. This reguidance made the property eligible for rezoning and subsequently subdivision. EXISTING AND PROPOSED CONDITIONS The property currently has one single-family home that meets the criteria of the Single-Family Residential zoning district. The home is situated on the north side of the property, and the driveway connects to the right-of-way on the very north end of the property, which is preferable by engineering to minimize driveway access on a collector road such as Galpin Boulevard. There are no proposed changes to the existing structures. The Applicant is proposing a Metes & Bounds Subdivision in combination with the rezoning. Metes & Bounds Subdivisions do not require a Planning Commission public hearing or recommendation. The public hearing will be held at the City Council on April 27th, and the decision will be made by the City Council the same night. A copy of the proposed subdivision is attached to this agenda for reference. ANALYSIS Staff has reviewed the proposal and found it to be in conformance with the following criteria for rezoning property. 1. The proposed zoning has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City of Chanhassen 2040 Comprehensive Plan for Residential Medium Density land use areas. 24 Page 3 of 3 2. The proposed zoning is or will be compatible with the present and future land uses of the area. 3. The proposed zoning conforms to all performance standards contained in the Zoning Ordinance. 4. The proposed zoning will not tend to or actually depreciate the area in which it is proposed. 5. The proposed zoning can be accommodated with existing and planned public services and will not overburden the city's service capacity. 6. Traffic generation by the proposed use within the zoning district is within the capabilities of the streets serving the property. SURROUNDING ZONING DESIGNATION The properties to the north, south, and east are zoned Rural Residential. The property to the west is zoned Single-Family Residential. The Single-Family Residential zoning district is abundant surrounding this development and is a common zoning designation for this area of Chanhassen. The proposed rezoning is compatible with the character of the neighboring area. LAND USE ZONING CONSISTENCY The following zoning districts are consistent with Residential - Low Density land use in the 2040 Comprehensive Plan: • Single-Family Residential District, RSF; • Mixed Low Density Residential District, R-4; • Residential Low and Medium Density Residential District, RLM; and • Planned Unit Development – Residential, PUD-R. The applicant is proposing a zoning district in conformance with the 2040 Comprehensive Plan Guidelines. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the rezoning from Rural Residential to Single-Family Residential for the property located at 6651 Galpin Boulevard. APPLICATION REVIEW STAFF COMMENTS No comments. 25 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Steve & Wendy Buresh for a rezoning proposal. On April 7, 2026, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application for rezoning located at 6651 Galpin Boulevard. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and made the following Findings of Fact on the remaining application. FINDINGS OF FACT 1. On March 6, 2026 the City received a land use application for the property legally described in attachment Exhibit A for a rezoning from Rural Residential (RR) to Single-Family Residential (RSF). 2. The property is currently zoned Rural Residential. 3. The property is guided by the Land Use Plan as Residential Low Density. 4. The Single-Family Residential (RSF) zoning district is an eligible zoning district for the Residential Low Density land use designation. REZONING FINDINGS 5. The proposed RSF Single-Family Residential District meets the required standards for approval: a. The proposed zoning has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City of Chanhassen 2040 Comprehensive Plan for Residential Single Family Density land use areas. b. The proposed zoning is or will be compatible with the present and future land uses of the area. c. The proposed zoning conforms to all performance standards contained in the Zoning Ordinance. d. The proposed zoning will not tend to or actually depreciate the area in which it is proposed. e. The proposed zoning can be accommodated with existing and planned public services and will not overburden the city's service capacity. 26 f. Traffic generation by the proposed use within the zoning district is within the capabilities of the streets serving the property. 6. The planning report Planning Case 2026-06, dated April 1, 2026, prepared by Rachel Arsenault, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends approval of the requested rezoning to the City Council. ADOPTED by the Chanhassen Planning Commission this 7th day of April 2026. CHANHASSEN PLANNING COMMISSION BY:_______________________________ Eric Noyes, Chair 27 EXHIBIT A Lake Lucy Highlands, Block 1, Lot 2. 28 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MTNNESOTA) ) ss. COUNTY OF CARVER ) I, Jenny Potter, being first duly sworn, on oath deposes that she is and was on March 26,2026, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice Consider a request to rezone from rural residential to single family residential. And Consider a request for a Metes and Bounds subdivision to create a second lot. Applicant: Steve and Wendy Buresh, to the persons named on attached Exhibit "A", by mailing the notice on a postcard addressed to such owner, and depositing the postcards addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. cytfrtr Jenny lt'ker, City Clerk Subscribed and sworn to before me this}1fray or Wtuch 2026. COLLEEN K. MARTINO Notary public-Minnesota lly Commission Expires Jan. 31, 2OOO N Public 29 Subject Area Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic lnformation System (GlS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measuremenl of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. Disclaimer This map is neither a legally recorded map nor a suNey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not wanant that the Geographic lnformation System (GlS) Data used to prepare this map are enor free, and the City does not represent that the GIS Dala can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. (Tax_name) <Tax_add_l'l > (Tax_add_l2) << N ext Record ><<Tax_nam e> <Tax_add_11 > <Tax_add_12> Subject Area ) t I !.ll ? q..It J'I ! lke 30 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEET!NG NOTICE OF PUBTIC HEARING CHANHASSEN PTANNING COMMISSION MEET!NG Part 1: Rezone Consider a request to rezone from rural residential to single family residential. Public Hearing: Tuesday, April 7 at 5:00 p.m. Part 2: Lot Split Consider a request for a Metes and Bounds subdivision to create a second lot. Public Hearing: Monday, April2T at 7:00 p.m Meeting Location:City HallCouncil Chambers, 7700 Market Blvd. Applicant:Steve & Wendy Buresh Propefi Location: 6651Galpin Blvd A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans for the project. 3. Planning Commission discusses the proposal. a. Public hearing is opened taking comments from the public, up to 5 minutes per person. 5. Public hearing is closed and the Planning Commission continues discussion on the project prior to voting on the project. Questions & Comments: To view project information before the meeting, please visit the city's proposed development webpage: www.chanhassenmn.gov/proposeddevelopments Sign up to receive email updates about this or other projects. Go to https://www.chanhassen mn.gov/i-wa nt-to/su bscribe Part 1: Rezone Consider a request to rezone from rural residential to single family residential. Public Hearing: Tuesday, April 7 at 6:00 p.m. Part 2: Lot Split Consider a request for a Metes and Bounds subdivision to create a second lot. Public Hearing: Monday, April2T at 7:00 p.m Meeting Location:City Hall Council Chambers, 7700 Market Blvd. Applicant Steve & Wendy Buresh Property Location: 6651Galpin Blvd A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans for the project. 3. Planning Commission discusses the proposal. 4. Public hearing is opened taking comments from the public, up to 5 minutes per person. 5. Public hearing is closed and the Planning Commission continues discussion on the project prior to voting on the project. Questions & Comments: To view project information before the meeting, please visit the city's proposed development webpage: www.chanhassenmn.pov/proposeddevelopments Sign up to receive email updates about this or other projects. Go to https://www.chanhassen m n.gov/i-wa nt-to/su bscribe 31 Tax name AARON J ALDRICH ALAN KEITH PETERSON AMY E SIMPSON BENJAMIN NYE BRANDON MELZ BRECK O & MARLIESE JOHNSON BRIAN AND JOAN SCHIMKE TR BRIAN CONNELLY BBIAN J COHEN BURESH LIVING TRUST CHARLES C HICKS REV TRUST DANIEL JOHN GARDEEN DAVID E SINNER DAVIDM&JULIEAFUECKER ERIC NELSON ERICW&GRETCHENGLOPER GARY BARRETT GUANG YE JARED MOHR JASON A HEMP JENNA BENTLEY JOHN M PRICE JON PETERS JONATHAN.ERLE CHRISTIAN REID KREGZ&IISAJ LEVINE MARK A & MICHELE K METTERT MARY TRIPPLER MATTHEW D RIPLEY MICHAELJ REMUCAL NICHOLAS SWAGGERT NIKOLAI DORIS L & TRUSTEE OF TRUST PAUL S TUNGSETH Tax add t1 2O7O PINEHURST DR 1831 LAKE LUCY LN 1950 CRESTVIEW CIR 6681 GALPIN BLVD 19OO LAKE LUCY RD 6621GALPIN BLVD 2O4O HIGHGATE CIR 2021 EDGEWOOD CT 2060 PINEHURST DR 6651 GALPIN BLVD 1941 CRESWIEW CIR 1851 LAKE LUCY LANE 1930 CRESTVIEW CIR 6751 MANCHESTER DR 2O3O EDGEWOOD CT 2076 HIGHGATE CIR 2O2O EDGEWOOD CT 2051 HIGHGATE CIR 2021 HIGHGATE CIR 2031 EDGEWOOD CT 6699 MANCHESIER DR 1961 CRESWIEW CIR 2O5O PINEHURST DR 1811 LAKE LUCY LANE 1850 LAKE LUCY RD 2028 HIGHGATE CIR 1931 CRESWIEW CIR 6691 GALPIN BLVD 2061 PINEHURST DR 1941WHITETAIL RIDGE CT PO BOX 1461 2051 CRESryIEW DR Tax add t2 CHANHASSEN MN 55317 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 EXCELSIOR MN 55331 CHANHASSEN MN 55317 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHANHASSEN MN 55317 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHANHASSEN MN 55317 EXCELSIOR MN 55331 SHERWOOD OR 97140 EXCELSIOR MN 55331 32 RENO LINDELL ROLAND UGARTE JR SCHROEDER LIV TR SIDNEY LOPEZ LEIVA WILLIAM & JEANNE KRAKE LIV TR YANIRA E BHATIA 10085 COTTONWOOD LN N 2051 PINEHURST DR 2081 PINEHURST DR 2058 HIGHGATE CIR 6739 MANCHESTER DR 2041 EDGEWOOD CT MAPLE GROVE MN 55369 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 33 Planning Commission Item April 7, 2026 Item Consider a Conditional Use Permit for a Contractor's Yard at 1480 Park Road File No.Planning Case #26-05.Item No: C.2 Agenda Section PUBLIC HEARINGS Prepared By Rachel Arsenault, Associate Planner Applicant Steinhagen Properties, LLC. Present Zoning Industrial Office Park District (IOP) Land Use Office/Industrial Acerage 1.3 Density NA Applicable Regulations ARTICLE 20-IV CONDITIONAL USES ARTICLE 20-XXII "IOP" INDUSTRIAL OFFICE PARK DISTRICT ARTICLE 20-XXV LANDSCAPING AND TREE REMOVAL SUGGESTED ACTION “The Chanhassen Planning Commission recommends approval of the conditional use permit for a contractor’s yard at 1480 Park Road, subject to staff conditions.” SUMMARY Applicant is requesting a conditional use permit for a contractor’s yard at the property located at 1480 Park Road. BACKGROUND 34 The property currently has an office building located on the west side of the property with a parking lot spanning the east side and wrapping around the back of the building. There is a chain link fence separating the front portion of the parking lot from the rest for storage purposes of trailers and trucks. This property is currently not conforming with code as a different contractor is operating out of the premises without a conditional use permit. The conditional use permit application and subsequent construction will bring the property into compliance with the sale of the property to new ownership. DISCUSSION RECOMMENDATION Staff recommends approval of the requested conditional use permit, subject to the conditions of approval listed in the staff report. ATTACHMENTS Development Application Narrative Survey Plan Set Architectural Elevations Staff Report Findings of Fact and Recommendation Affidavit of Mailing 35 36 37 38 39 40 PROJECT LOCATIONSITEMINNESOTASTEINHAGEN ENTERPRISESINDUSTRIAL SITE IMPROVEMENT PROJECTCHANHASSEN, MNCITY OF CHANHASSENCARVER COUNTYSITESITESITEINDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN8815 Tiller Ave.NYA, MN 55397Al Steinhagen952-657-2294al@steinhagenent.com41 PROPERTY DESCRIPTIONLEGEND: SITE PLAN NOTES SETBACK: SITE DATA: GENERAL NOTES PARKING DATAKEY NOTES: INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN8815 Tiller Ave.NYA, MN 55397Al Steinhagen952-657-2294al@steinhagenent.comPROJECT LOCATIONSURVEY DATA42 LEGEND: INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN8815 Tiller Ave.NYA, MN 55397Al Steinhagen952-657-2294al@steinhagenent.comSURVEY DATA43 LEGEND: INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN8815 Tiller Ave.NYA, MN 55397Al Steinhagen952-657-2294al@steinhagenent.comSURVEY DATAPROPERTY DESCRIPTIONPROJECT LOCATIONEROSION CONTROL INSTALLATION SCHEDULEEROSION CONTROL NOTESEROSION CONTROL MAINTENANCE SCHEDULEVEGETATION GROUND COVER RESTORATIONPOLLUTION PREVENTION NOTES44 LEGEND: DEMOLITION NOTES INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN8815 Tiller Ave.NYA, MN 55397Al Steinhagen952-657-2294al@steinhagenent.comSURVEY DATAPROPERTY DESCRIPTIONPROJECT LOCATION45 BITUMINOUS PAVEMENTCONCRETE PAVEMENT - LIGHT DUTY CONCRETE PAVEMENT - HEAVY DUTYINDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN8815 Tiller Ave.NYA, MN 55397Al Steinhagen952-657-2294al@steinhagenent.comCONCRETE VALLEY GUTTER46 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6&$/( )LUVW6WRU\5HIOHFWHG&HLOLQJ3ODQ1HZ 60 PH (952) 227-11 00 • ChanhassenMN.gov 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA • 55317 Project: Conditional Use Permit Request (Planning Case 2026-05) Planning Commission Review Date: April 7, 2026 60 Day Action Deadline: May 5, 2026 Drafted By: Rachel Arsenault, Associate Planner Joe Seidl, Water Resources Engineer Mackenze Grunig, Project Engineer Staff Report Date: April 1, 2026 SUMMARY OF REQUEST: Applicant is requesting a conditional use permit for a contractor’s yard at the property located at 1480 Park Road. STAFF RECOMMENDATION: Staff recommends Planning Commission recommend approval of the conditional use permit, subject to the conditions listed herein. LOCATION: 1480 Park Road APPLICANT: Steinhagen ProperAes LLC OWNER: Chad ChrisAan CURRENT ZONING: Industrial Office Park (IOP) 2040 LAND USE PLAN: Office Industrial ACREAGE: 1.3 Acres PROPOSED MOTIONS: “The Chanhassen Planning Commission recommends approval of the condiAonal use permit for a contractor’s yard at 1480 Park Road, subject to staff condiAons.” 61 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has limited discretion in approving or denying Conditional Use Permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the city finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. No2ce of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATION ARTICLE 20-IV CONDITIONAL USES ARTICLE 20-XXII "IOP" INDUSTRIAL OFFICE PARK DISTRICT ARTICLE 20-XXV LANDSCAPING AND TREE REMOVAL BACKGROUND/EXISTING CONDITIONS The property currently has an office building located on the west side of the property with a parking lot spanning the east side and wrapping around the back of the building. There is a chain link fence separaAng the front porAon of the parking lot from the rest for storage purposes of trailers and trucks. This property is currently not conforming with code as a different contractor is operaAng out of the premises without a condiAonal use permit. The condiAonal use permit applicaAon and subsequent construcAon will bring the property into compliance with the sale of the property to new ownership. ZONING OVERVIEW This property is zoned IOP, Industrial Office Park, in this zoning district a contractor yard is a condiAonal use permit. Contractor’s yards are required to screen outdoor storage of equipment and vehicles, contain only operable vehicles/equipment, chemicals must be properly stored, and the contractor must be licensed, bonded, and insured. In addiAon, all condiAonal use permits must meet the general issuance standards listed in SecAon 20-232, this is reviewed under the analysis secAon of the staff report. SITE PLAN The applicant is proposing changes to the exisAng structure to include new parking bay doors, a new dock door, new paint, and roof updates. None of which require addiAonal development applicaAons. The proposal includes new bituminous pavement to create an apron for the new parking bay doors on the east side of the exisAng building. New curb and guLer will be installed to improve current run-off condiAons. The applicant is proposing to install new site signage for traffic control and new pavement striping. There are no proposed changes to the access of the property from public right-of-way. 62 AddiAonal fencing will be installed with the project to meet the requirements of screening. Contractor’s yards are required to comply with buffer yard D and F4 fencing. The site plan will have to be updated to meet the buffer yard D requirements. F4 fencing is a minimum of 8 feet tall and a minimum of 95% opaque. Currently the applicant is proposing three types of fencing that will have to be updated to meet the requirements, including the exisAng 8-foot chain link fence, PVC 6-foot fencing, and PVC 8-foot fencing. ENGINEERING PROJECT OVERVIEW The applicant is requesAng a condiAonal use permit (CUP) for a contracAng yard located at 1480 Park Road. The site is currently zoned as Industrial Office Park. The applicaAon includes improvements to the onsite stormwater infrastructure, and a descripAon of the use of the site. Plans dated March 4, 2026, and site use narraAve were reviewed by staff. GRADING & DRAINAGE The site consists of a single parcel that contains a building, bituminous pavement, parking area, with the remaining areas maintained as open grass. Under exisAng condiAons, most of the parking lot drains north towards a catch basin located at the northeast corner of the property. Stormwater is discharged into the storm sewer system without any prior treatment. The storm sewer then conveys runoff to a pond/wetland located east of Park Place. The grassy area north of the parking lot drains north towards an exisAng wetland. The rest of the site drains south toward Park Road, where runoff is collected by the storm sewer system and ulAmately directed to the same pond/wetland east of Park Place. 63 Site drainage paLerns are not expected to change under the proposed condiAons. However, approval of a condiAonal use permit requires that the site adequately support its intended use. Currently, this standard is not met, as stormwater leaves the property without treatment. The proposed contractor use also increases the potenAal for pollutant transport, placing addiAonal strain on the storm sewer system. To address these concerns, stormwater improvements are required to capture sediment and runoff from on-site equipment before discharge, thereby protecAng downstream resources. As part of these improvements, the exisAng catch basin at the northeast corner of the site will be replaced with a sumped catch basin to provide pretreatment prior to discharge. SITE USAGE The site was approved for the storage of equipment, such as dump trucks, within the designated parking lot. However, aerial imagery and previous city site visits indicate that addiAonal, unapproved materials have been stored on the property, including areas outside of the parking lot, as shown in the photos below. Runoff from materials or equipment stored outside the parking lot drains directly toward the wetland to the north, contribuAng to the degradaAon of the wetland north of the project. To prevent this, no equipment or materials should be stored outside of the designated parking area. Under the proposed improvements, runoff from equipment stored within the parking lot will be treated by the sumped catch basin prior to discharge which protects the downstream pond. 2024 Aerial 2021 Aerial 64 Project Site Survey The site is proposed to store the following equipment outside: - (1) InternaAonal HV Tandem with interchangeable boxes. - (4) InternaAonal MV single axles with interchangeable boxes. - (1) InternaAonal CV single axle Truck - (3) 1-Ton pick-up Truck - (8) ½-ton pick-up Trucks - (3) Interchangeable truck boxes - (3) flatbed trailers - (1) Dump Trailer - (1) Enclosed trailer - (1) JLG Telehandler - (2) Skid Steers - Misc Skid Steer ALachments. - Customer Equipment awaiAng delivery. The sumped catch basin should be reevaluated if there is any vehicle fueling or materials stored on site outside of the list above to provide a more adequate form of treatment. STORM WATER MANAGEMENT The proposed project is located within the jurisdicAon of the Riley Purgatory Bluff Creek Watershed District and is therefore subject to its rules and regulaAons. The applicant must 65 determine whether a permit from the watershed district is required for the proposed work and provide documentaAon of all required permits prior to the start of construcAon acAviAes. The proposed design includes a sumped catch basin to capture sediment prior to discharging from the site. This is adequate for the proposed use of the site. If the proposed use of the site changes from equipment storage or includes vehicle fueling or material storage, the sumped catch basin should be reevaluated to include a treatment structure. Stormwater from the northern grassy areas discharges directly to the wetland north of the site. No materials or equipment should be stored outside of the parking lot to protect downstream resources. All stormwater infrastructure on the site will be privately owned and maintained. The applicant shall prepare an OperaAon and Maintenance (O&M) Plan for the private stormwater infrastructure onsite. Maintenance of private stormwater systems is required in perpetuity. The O&M Plan must be approved by the Water Resources Engineer, or their designee, and recorded against the benefiAng property. The stormwater O&M agreement shall be recorded prior to the issuance of city permits. ANALYSIS The planning commission shall recommend a condiAonal use permit and the council shall issue such condiAonal use permits only if it finds that such use at the proposed locaAon: a) Will not be detrimental to or endanger the public health, safety, comfort, convenience, or general welfare of the neighborhood or the city. The contractor’s yard will not be detrimental to or endanger public health, safety, comfort, convenience, or general welfare of the neighborhood or city. b) Will be consistent with the objecAves of the city's comprehensive plan and this chapter. This proposal is consistent with the objecves of t he comprehensive plan and this chapter. c) Will be designed, constructed, operated, and maintained so to be compaAble in appearance with the exisAng or intended character of the general vicinity and will not change the essenAal character of that area. The proposal is compable with appearance and chara cter of the vicinity as this area is home to other contractor yards. d) Will not be hazardous or disturbing to exisAng or planned neighboring uses. The proposal will not be hazardous or disturbing to exisng or planned neighboring uses. e) Will be served adequately by essenAal public faciliAes and services, including streets, police and fire protecAon, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such faciliAes and services 66 provided by the persons or agencies responsible for the establishment of the proposed use. The proposed will be served adequately by facilies and services. f) Will not create excessive requirements for public faciliAes and services and will not be detrimental to the economic welfare of the community. The proposal will not create excessive requirements for public facilies and services and will not be detrimental to the economic welfare of the community. g) Will not involve uses, acAviAes, processes, materials, equipment, and condiAons of operaAon that will be detrimental to any persons, property, or the general welfare due to excessive producAon of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The contractor’s yard shall conform to these requirements. h) Will have vehicular approaches to the property which do not create traffic congesAon or interfere with traffic or surrounding public thoroughfares. The proposal will ulize exisng property exits & e ntrances. i) Will not result in the destrucAon, loss or damage of solar access, natural, scenic or historic features of major significance. The proposal will not result in the destrucon, los s or damage of solar access, natural, scenic or historic features of major significance. j) Will be aestheAcally compaAble with the area. The proposed will be aesthecally compable with th e area. k) Will not depreciate surrounding property values. The proposed will not depreciate surrounding property value. l) Will meet standards prescribed for certain uses as provided in this arAcle. The proposed will meet standards prescribed for certain uses as provided in this arcle. (Ord. No. 80, Art. III, § 2(3-2-3), 12-15-86; Ord. No. 377, § 23, 5-24-04) STAFF RECOMMENDATION Staff recommend approval of the requested condiAonal use permit for a contractor’s yard at 1480 Park Road, subject to the condiAons listed herein. Condi2onal Use Permit Condi2ons 1. Outdoor storage area shall be enclosed with 100% opaque fencing 8’ in height. Fencing shall be maintained in good condiAon at all Ames. 2. All materials and equipment stored outdoors, excluding vehicles, shall not exceed the height of the required storage area fencing. 3. Materials and equipment placed within the outdoor storage area shall not emit odors, produce excessive noise, or be hazardous. 67 4. All materials and equipment shall be stored on paved surfaces. 5. Any expansion of the exisAng operaAon beyond the approved site plan in the condiAonal use permit #26-05 shall require amendment to the condiAonal use permit. Staff Comments Building 1. Any retaining walls (if present) built that are more than four feet high, measured from the boLom of the fooAng to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construcAon. Retaining walls (if present) under four feet in height require a zoning permit. 2. Any fences built that are over 7’ in height require a building permit prior to construcAon. Fire 1. Schedule an on-site inspecAon with the Fire Department to inspect the building and access to the site when applicable. Planning 1. Applicant shall update the site plan to meet F4 fencing requirement, a minimum of 8 feet tall and 95% opaque. This fencing shall be provided along all sides of the outdoor storage yard. Forestry 1. Applicant shall update the site plan to meet Buffer Yard D requirements for screening of the equipment and supply storage, as stated in Code SecAon 20-289. 2. PlanAng plan shall provide a breakdown of the species diversificaAon to verify the proposed meets city code requirements for species diversity. No more than 10% from same species, no more than 20% from same genus and no more than 30% from the same family. 3. The five (5) trees to be removed on the east side of the building shall be replaced in accordance with city code. Water Resources 1. It is the applicant’s responsibility to ensure that permits are received from all other applicable agencies with jurisdicAon over the project (i.e. Army Corps of Engineers, DNR, Carver County, DOLI, Board of Water and Soil Resources, MDH, MPCA, etc.). The applicant shall submit verificaAon that all applicable permits have been secured prior to the issuance of the condiAonal use permit. 68 2. The applicant shall develop a maintenance plan for the onsite stormwater system. An operaAons and maintenance agreement shall be recorded prior to the issuance of condiAonal use permit. 69 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Steinhagen Properties LLC for a Conditional Use Permit (CUP). The Planning Commission conducted a public hearing on the proposed conditional use permit which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and made the following Findings of Fact on the remaining application. FINDINGS OF FACT 1. Permit. On March 6, 2026, the city received a completed land use application for the property legally described in Exhibit A (“Property”), located at 1480 Park Road requesting a conditional use permit for a contractor’s yard on the Property. 2. Property. The Property is currently zoned Industrial Office Park (IOP). The Property is guided by the 2040 Land Use Plan for Office Industrial Use. Contractor’s yards are considered a Conditional Use within the Industrial Office Park (IOP) zoning district. 3. Conditions. The permit is issued subject to the following conditions: 1. Outdoor storage area shall be enclosed with 100% opaque fencing 8’ in height. Fencing shall be maintained in good condition at all times. 2. All materials and equipment stored outdoors, excluding vehicles, shall not exceed the height of the required storage area fencing. 3. Materials and equipment placed within the outdoor storage area shall not emit odors, produce excessive noise, or be hazardous. 4. All materials and equipment shall be stored on paved surfaces. 5. Any expansion of the existing operation beyond the approved site plan in the conditional use permit #26-05 shall require amendment to the conditional use permit. 4. Termination of Permit. The city may revoke the permit following a public hearing for violation of the terms of this permit. The city may institute any proper action or proceeding at 70 law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. RECOMMENDATION The Planning Commission recommends that the City Council approves the Conditional Use Permit. ADOPTED by the Chanhassen Planning Commission this 7th day of April 2026. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 71 EXHIBIT A 72 EXHIBIT B 73 CITY OF CHANHASSEN AFFIDAVIT OF MATLING NOTICE STATE OF MINNESOTA) ) ss. couNry oF CARVER ) I, Jenny Potter, being first duly sworn, on oath deposes that she is and was on March 26,2026, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice Consider a request for a conditional use permit (CUP) for a contractor's yard. Applicant: Steinhagen Properties, LLC., to the persons named on attached Exhibit "A", by mailing the notice on a postcard addressed to such owner, and depositing the postcards addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Jenny City Clerk Subscribed and swom to before me this Zltshay of fYurr lrt 2026 h,r,a otary Public COLLEEN K. MARTINO Notary Public-Minnesota My Commission Expires Jan. 31, 2O3O 74 Subject Parcel Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not wanant that the Geographic lnformation System (GlS) Data used to prepare this map are enor free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic lnformation System (GlS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. (Tax_name) <Tax_add_ll > <Tax_add_12> (Next Record><<Tax_name) <Tax_add_ll > <<Tax_add_|2> Subject Parcel I 74 E,cI,a,ti3< ,./ \ ( \ 5 'r rk I !)t I (l tl: ri r, a ta.rl : \ .r!,# 7 E' lP- rl L 7.. .I * .?a fcr 2J r$ D II t 4 r!* ;* L !lt 75 NOTICE OF PUBLIC HEARING CHANHASSEN PTANNlNG COMMISSION MEETING NOTICE OF PUBLIC HEARING CHANHASSEN PTANNING COMMISSION MEETING Date & Time: Tuesday, April T ,2026 at 6:00 p.m. This hearing may not start until later in the evening, depending on the order ofthe agenda. Location:City Hall Council Chambers, 7700 Market Blvd. Proposal:Consider a request for a conditional use permit (CUP) for a contracto/s yard. Applicant:Steinhagen Properties, LLC Property Location: 1480 Park Road A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans for the project. 3. Planning Commission discusses the proposal. 4. Public hearing is opened taking comments from the public, up to 5 minutes per person. 5. Public hearing is closed and the Planning Commission continues discussion on the project prior to voting on the project. Questions & Comments: To view project information before the meeting, please visit the city's proposed development webpage: www.cha n hassenmn.gov/proposeddevelopments Sign up to receive email updates about this or other projects. Go to https://www.chanhassenmn.gov/i-wa nt-to/su bscribe Date & Time: Tuesday, April 7, 2O26 at 5:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location:City Hall CouncilChambers, 7700 Market Blvd Proposal Consider a request for a conditional use permit (CUP) for a contracto/s yard. Applicant:Steinhagen Properties, LLC Property Location: L480 Park Road A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans for the project. 3. Planning Commission discusses the proposal. 4. Public hearing is opened taking comments from the public, up to 5 minutes per person. 5. Public hearing is closed and the Planning Commission continues discussion on the project prior to voting on the project. Questions & Comments: To view project information before the meeting, please visit the city's proposed development webpage: www.chanhassenmn.gov/proposeddevelopments Sign up to receive email updates about this or other projects. Go to https ://www.chan hassenmn.gov/i-wa nt-to/su bscribe 76 Tax name 61K LLC 8O2O PARK PLACE LLC B & C LAND COMPANY LLC BROCKPAHLER CARLA M & TRUSTEE OF TRUSI CHAN LAKES INVESTMENT LLC CHANHASSEN CITY GALLER PROPERTIES LLC GARY F GOLL GMP PROPERTIES LLC IVERSENALFRED A & PMT CORPORATION KERBER HOLDINGS LLC LTE 23700 LLC SUMMIT EQUITY PARTNERS LLC TWIN CITIES & WESTERN RAILROAD TWO S PROPERTIES INC & DEPT PT MN 08305 TWO SIB PROPERTIES LLC Tax add t1 4275 NOREX DR 220 CREEKSIDE DR 6017 RIDGEWOOD RD 6835 GOOSE LAKE DR 6495 CITY WEST PKWY PO BOX 147 15 INTERLACHEN PL 874 KIMBERLY LN 1401 PARK RD 15OO PARK RD 3697 LERIVE WAY 102 JONATHAN BLVD N STE 2OO 7870 PARK DR 2925 12TH ST E PO BOX 25025 10 FAIRWAY RDG Tax add t2 CHASKA MN 55318 DICKSON TN 37055 MOUND MN 55364 WACONIA MN 55387 EDEN PRAIRIE MN 55344 CHANHASSEN MN 55317 EXCELSIOR MN 55331 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHASKA MN 55318 CHASKA MN 55318 CHANHASSEN MN 55317 GLENCOE MN 55336 GLENDALE CA 91201 MINNETRISTA MN 55364 77 Planning Commission Item April 7, 2026 Item Ordinance XXX: Amending Chapters 1 and 20, Updating Sign Definitions and Regulations File No.Item No: C.3 Agenda Section PUBLIC HEARINGS Prepared By Rachel Arsenault, Associate Planner Applicant City of Chanhassen Present Zoning Land Use Acerage Density Applicable Regulations Section 1-2 Rules of Construction And Definitions Article 20-XXVI Signs SUGGESTED ACTION "The Chanhassen Planning Commission recommends the City Council approve the ordinance as proposed to amend the sign code and associated definitions." SUMMARY The sign code ordinance was brought to the Planning Commission for discussion and public hearing on March 3rd, where staff received feedback on items to continue developing in the ordinance proposal. The following revisions have been made based on planning commission discussion and public feedback at the March 3rd meeting: 1. Window signs are proposed to be allowed on 50% of a business's windows. A window sign may occupy up to 30% of each window. 78 2. Definition for "Window Covering" which is not to be considered a sign. 3. Allow for projecting, canopy, and awning signs in additional zoning districts beyond the Central Business District. The additional districts include Neighborhood Business, Highway Business, General Business, Fringe Business, and Office Institutional. The proposed sign code ordinance has been previously reviewed by City Council for feedback at two work sessions. Staff will provide a review of community engagement efforts completed and the feedback received as part of its work session presentation. Staff has been working on the sign code ordinance so that the ordinance complies with federal law, clarifies language, creates efficiencies, and updates for the downtown design guidelines. Conformance with federal law is achieved by updating definitions, removing unlawful regulations, and regulating based on construction rather than content. Staff has clarified language by removing outdated definitions and ensuring proper definitions for the code ordinance amendments. Staff is proposing to create efficiencies through the removal of temporary sign permits, which, based on permit data, contain repetitive requests. The proposed ordinance includes changes to implement the downtown design guidelines. Staff would like to clarify that the images shown within the definition portion of the ordinance are larger than what would be officially published and that the size shown in the attachments is due to software limitations. BACKGROUND The current sign ordinance can be found in Article 20-XXVI of the zoning code. The sign regulations were written in 1995, amended multiple times since, most recently in 2022. Updating the sign code was a part of the Planning Department work plan for 2025. City staff has published a public hearing notice in the official newspaper for this public hearing at the April 7 Planning Commission meeting. DISCUSSION RECOMMENDATION Staff recommends the Planning Commission recommend approval of the ordinance amendments as proposed. ATTACHMENTS Sign Code Ordinance Feb 23rd City Council Work Session Presentation Public Comment 79 Page 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA, ORDAINS: SECTION 1: AMENDMENT to Chanhassen City Code, Chapter 1, Definitions and Chapter 20, Zoning of the Chanhassen City Code Related to sign ordinance. A M E N D M E N T Sec 1-2 Rules Of Construction And Definitions In the construction of this Code and of all ordinances, the rules and definitions set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the city council. The rules of construction and definitions set out herein, shall not be applied to any section of this Code which shall contain any express provision excluding such construction or where the subject matter of the context of such section may be repugnant thereto. Numbers in parentheses following a definition represent specific chapters of the Code in which a definition applies. General. Words and phrases defined in this section have, when used in this chapter, the meanings given below. Any other word or phrase used in this chapter, and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Rules Chapter 7030, has the meaning given in those regulations. Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. In the interpretation and application of any provision of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. Abandoned vehicle means a vehicle, as defined below, that has remained for a period of more than 48 hours on public property illegally or lacking vital component parts, or does not have a current license, or has remained for a period of more than 48 hours on private property without consent of the person in control of such property or in an inoperable condition such that it has no substantial potential further use consistent with its usual functions unless it is kept in an enclosed garage or storage building. "Abandoned vehicle" also means a motor vehicle voluntarily surrendered by its owner to the city. A classic car or pioneer car, as defined in M.S. § 168.10, shall not be considered an abandoned vehicle. Vehicles on the premises of junkyards and automobile graveyards, which are defined, maintained and licensed in accordance with M.S. § 161.242, or which are licensed and maintained in accordance with local laws and 80 Page 2 Sign means any object, device, display or structure, or part thereof situated outdoors, or visible through a window or door, which is used to advertise, announce, identify, display, direct or attract attention to an object, person, institution, organization, business, commodity, product, service, event or location, by means, including words, letters, figures, design, symbols, fixtures, pictures, illumination or projected images. (20) Sign, advertising means any sign which directs attention to a business, commodity, service, activity or entertainment not conducted, sold or offered upon the premises where such a sign is located. (20) Sign, awning means a sign located on a temporary hood or cover that projects from the wall of a building., and which can be retracted, folded or collapsed against the face of the supporting building. Awning may extend in any required yard setback a maximum of five feet (2.6 feet in the supplementary regulations). (20) 81 Page 3 Sign, banner means a sign which is made out of a paper, cloth or plastic-like consistency, affixed to a building, vehicle, poles or other supporting structures by all four corners. (20) Sign, bulletin board means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements, of events or activities occurring at the institution or similar messages. (20) Sign, business means a sign which directs attention a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located. Sign, business directory means a sign which identifies multiple tenants within a property of grouping of properties. the names of specific businesses located in a shopping center, medical center or commercial, industrial or office development project which is located on the premises or entrance of the center or development so identified. (20) 82 Page 4 83 Page 5 Sign, campaign means a temporary sign announcing, promoting or supporting political candidates or issues in connection with any national, state or local election. (20) Sign, canopy means any sign that is affixed to a projection or extension of a building or structure of a building, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. Plastic or structural protective cover over a door entrance, window or outdoor service area. (20) 84 Page 6 Sign, changeable copy means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. (20) Sign, construction means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the situation or project. (20) Sign, development identification means a permanent ground, low profile sign which identifies a specific residential, industrial, commercial or office development and which is located on the premises of the development which it identifies. (20) Sign, directional means a sign erected on private property for the purpose of directing pedestrian or vehicular traffic onto or about the property upon which such sign is located, including signs marking entrances and exits, circulation direction, parking areas and pickup and delivery areas. (20) 85 Page 7 Sign, display area means the area within a single continuous perimeter enclosing the extreme limits or the actual sign message surface, including any structural elements outside the limits of each sign forming an integral part of the sign. The stipulated maximum sign display area for a sign refers to a single facing. (20) 86 Page 8 Sign, electronic message center (EMC) means a sign or portion of a sign that displays electronic, nonpictorial text information in which each alpha-numeric character or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics or other illumination devised within the display area. The characters for the copy or script shall be only that available on a standard word processing keyboard, and shall not include graphics, pictures or other items. Electronic changeable copy signs include computer programmable, microprocessor-controlled electronic displays and messages that are projected onto building or other objects. Motor fuel price signs are not considered to be EMC signs. (20) Sign, festive flag/banner means a flag or banner constructed of cloth, canvas or light fabric that is hung from a light pole. The flag/banner shall contain no advertising except for cultural events, special holidays/seasons, etc. (20) 87 Page 9 Sign, flag means any fabric banner used as a symbol of a government, political, subdivision or other identity/corporation. Corporation flags shall not exceed 12 square feet and may be flown in tandem with the state or national flag. The size of the state or national flag shall not exceed 100 square feet. (20) Sign, flashing means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever. (20) Sign, freestanding/pole/pylon means any nonmovable sign not affixed to a building but erected upon a pole, post or other similar support so that the bottom edge of the sign display area is eight feet or more above the ground elevation. (20) Sign, governmental means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation. (20) Sign, ground low profile business means a business sign affixed directly to the ground, which directs attention to a business, commodity, service or product offered on the premises. (20) Sign, holiday decoration means a temporary sign in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday. (20) Sign, home occupation means a sign containing only the name and occupation of a permitted home occupation not to exceed two square feet. This is also a nameplate sign. (20) Sign, illuminated means a sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed towards the sign. (20) Sign, informational means a sign containing descriptions of major points of interest, government institutions or other public services such as hospitals, sports facilities, etc. (20) Sign, institutional means a sign that is owned by a government entity or school. which identifies the name and other characteristics of a public or private institution of the site where the sign is located. (20) 88 Page 10 Sign, integral means a sign constructed as to be an integral portion of the building of which it forms a part. (20) Sign, integral roof means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches. (20) 89 Page 11 Sign, marquee means a sign which is mounted, painted on, or attached to any projection or extension of a building that is designated in such a manner as to provide shelter or cover over the approach to any entrance of the building. (20) Sign, menu board Drive-through means a sign located adjacent to the drive-through lane that is used to advertise the product available at a fast-food restaurant. (20) Sign, motion means any sign or part of a sign which changes physical position by any movement or rotation of which gives the visual impression of such movement or rotation. (20) Sign, monument means a sign directly affixed to the ground. Sign, nameplate means a sign, located on the premises which bears the name and/or address of the occupant of the building or premises. (20) Sign, nonconforming means a sign that does not conform to the requirements of chapter 20 of this Code. (20) Sign, off-premises means an advertising sign which directs attention to a use, product, commodity or services not related to the premises on which it is located. (20) Sign, on-premises means a sign which directs attention to a business, commodity, product, use, service or other activity which is sold, offered or conducted on the premises upon which the sign is located. (20) Sign, pickup means a sign not attached to a building that designates a specific area of a parking lot for the pickup and loading of goods purchased in advance. Sign, portable means a sign designed so as to be movable from one location to another, and that is not permanently affixed to a building, structure, or the ground including, but not limited to, signs designed to be transported by means of wheels, sign converted to A-Frames, menu and sandwich board signs, and signs attached to or painted on vehicles parked and visible from 90 Page 12 the public right-of-way unless said vehicle is used in the normal day-to-day operations. (20) Sign, Portable A-Frame means a sign not affixed to a structure or ground, self-standing, constructed of two panels hinged at the top. Sign, Public/Community means a sign on a property owned or leased by a governmental unit and operated by a governmental unit. Sign, private sale or event means a temporary sign advertising private sales or personal property such as a house sale, garage sale and the like or private nonprofit events such as picnic, carnival, bazaar, game night, art fair or craft show. (20) Sign, projecting means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. (20) Sign, real estate means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. (20) Sign, roof means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the roof line of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. (20) 91 Page 13 Sign, site signage means a sign located on the exterior of a structure or the grounds of a property, excluding the permitted wall/canopy signs for the building. Sign, temporary means a sign designed or intended to be displayed for a short period of time. This includes, but is not limited to, items such as banners, pennants, flags, beacons, sandwiches or balloons or other air- or gas-filled figures. (20) Sign, wall means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of the wall., and which does not project more than 12 inches from such building or structure. Wall signs shall not include product advertising. Wall signs shall include tenant identification, tenant logo, center name, or any combination of the three. (20) Sign, window means sign, pictures, symbols, words or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, measured to include only the extreme limits of the content, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. (20) Signature, subscription. A signature or subscription includes a mark when the person cannot write, provided that the person's name is written near such mark and is witnessed by a person who writes his own name as witness. (1) Significant historic site means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state register of historic sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08. A historic site meets these criteria if it is presently listed on either 92 Page 14 register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. (20) Significant tree means any healthy tree species measuring five inches or more DBH; (20) Single-family dwelling. See Dwelling, single-family. Single-user tower. See Tower, single-user. Site distance triangle means no sign or sign structure shall be closer to any lot line than a distance equal to one-half the minimum required yard setback. No sign shall be placed within any drainage or utility easement. Sign shall not block site distance triangle from any private drive or access. Signs shall not be located in any site distance triangle 30 feet from the point of intersection of the property line. (20) Site furnishings means any structure, other than buildings, visible from any public way, and any street hardware located in streets and public ways and outside of buildings. Site furnishings include, but are not limited to, signs, decorative paving treatments, fences, walls, railings, artwork, transformers, utility access boxes, lighting standards and arrays, and other visible site appurtenances. (20) Slope, steep. See Steep slope. Slow—No wake means operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five miles per hour. (6) Small brewer is a brewery that produces less than 20,000 barrels of malt liquor in a year. Wetland Conservation Act (or WCA) means the Wetland Conservation Act of 1991, as amended (M.S. § 103F.612 et seq.), and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended). (20) Wetland delineation means a boundary between jurisdictional wetland and nonwetland based on the 1987 Corps of Engineers Wetlands Delineation Manual. Acceptable wetland delineations shall be no more than three years old, unless accompanied by documentation demonstrating: (a) The delineation has been reviewed in the past three years by a person trained and experienced in the application of the 1987 Corps of Engineers Wetlands Delineation Manual; and (b) The delineation is still accurate or has been revised to reflect existing site conditions. Wetland delineation report means a report containing a brief site narrative, maps of the site and all pertinent data sheets that document the establishment of a wetland delineation. Wholesale nursery means an enterprise which conducts the wholesale of plants grown on-site as well as accessory items directly related to their care and maintenance (but not including power equipment such as gas or engine lawnmowers and farm implements). (20) 93 Page 15 Wholesale trade means an establishment or place of business engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies. (20) Width, lot. See Lot width. Width, street. See Street width. Wild animal means any animal that is wild, ferocious or vicious by nature, habit, disposition or character. Animals in this category include, but are not limited to, any ape, [including chimpanzee, gibbon, gorilla, orangutan, or siamang], baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer, [including all members of the deer family such as elk, antelope and moose], elephant, fox, hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, puma, also known as cougar, mountain lion or panther, rhinoceros, any snake which is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. Wind energy conversion system or (WECS) means any device that is designed to convert wind power to another form of energy such as electricity or heat (also referred to by such common names as wind charger, wind turbine and windmill). (20) Window, covering, including but not limited to vinyl, cling, or mounted surfaces that covers all or a portion of the windowpane to block the view into a building. Window sign. See Sign, window. (Ord. No. 234, § 1, 2-27-95; Ord. No. 324, § 1, 7-9-01; Ord. No. 355, § 1, 11-8-03; Ord. No. 390, § 1, 3-14-05; Ord. No. 395, §§ 1, 2, 5-9-05; Ord. No. 405, § 1, 12-12-05; Ord. No. 413, § 1, 2-13-06; Ord. No. 427, §§ 1—3, 9-25-06; Ord. No. 440, § 1, 2-12-07; Ord. No. 448, §§ 1, 2, 5-14-07; Ord. No. 480, § 1, 6-22-09; Ord. No. 481, § 1, 8-10-09; Ord. No. 506, §§ 1, 2, 6-28-10; Ord. No. 512, § 1, 11-22-10; Ord. No. 574, § 1, 10-22-12; Ord. No. 595, §§ 1, 2, 5- 12-14; Ord. No. 611, § 1, 12-14-15; Ord. No. 619, § 1, 2-27-17; Ord. No. 621, § 1, 5-8-17; Ord. No. 628, § 1, 12-11-17; Ord. No. 632, § 1, 6-11-18; Ord. No. 636, § 1, 12-10-18; Ord. No. 661, § 1, 10-12-20; Ord. No. 662, § 1, 12-7-20) State law reference(s)—Interpretation of statutes generally, M.S. § 645.001 et seq. SECTION 2: AMENDMENT “Sec 20-1251 Purpose And Findings” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1251 Purpose And Findings (a) Purpose. The purpose of this sign ordinance is intended to establish an effective means of communication in the city, maintain and enhance the aesthetic environment and the 94 Page 16 city's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: (1) Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service; (2) Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; (3) Ensure that signs do not create safety hazards; (4) Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; (5) Preserve and protect property values; (6) Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; (7) Limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. (b) It is not the purpose or intent of this of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign, or any sign that cannot be viewed from outside a building. (c) Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs. (d) Findings. The city finds it is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. Further the city finds: (1) Permanent and temporary signs have a direct impact on, and a relationship to, the image of the community; (2) The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community; (3) An opportunity for a viable identification of community business and institutions must be established; (4) The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; (5) Installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective firefighting and other emergency service; (6) Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and, thereby, undermine economic value and growth; 95 Page 17 (7) Uncontrolled and unlimited signs, particularly temporary signs, which are commonly located within or adjacent to public right-of-way, or are located at driveway/street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information. (e) Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The city council hereby declares that it would have adopted this Ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. (Ord. No. 231, § 1, 1-9-95) SECTION 3: AMENDMENT “Sec 20-1253 Variances” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1253 Variances The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a practical difficulty hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this article. Written application for a variance shall be filed with the planning department and shall be supplemented with reproducible copies of the proposed sign. The application shall be processed in conformance with the public hearing requirements dictated for variances in section 20-29. No variance shall be granted by the city council unless it has received the affirmative vote of at least simple majority of the full city council. (Ord. No. 231, § 1, 1-9-95) SECTION 4: AMENDMENT “Sec 20-1254 Permit Generally” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1254 Permit Generally (a) Except as provided in section 20-1255, no sign or sign structure shall be erected, constructed, altered, rebuilt or relocated until a permit has first been issued by the city. (b) The following information for a sign permit shall be supplied by an applicant if requested by the city: (1) Name, address and telephone number of person making application. 96 Page 18 (2) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. (3) Plans, location, specifications, materials, method of construction and attachment to the buildings or placement method in the ground. (4) Copy of stress sheets and calculations. (5) Written consent of the owner or lessee of any site on which the sign is to be erected. (6) Any electrical permit required and issued for the sign. (7) Such other information as the city shall require to show full compliance with this chapter and all other laws and ordinances of the city. Information may include such items as color and material samples. (8) Receipt of sign permit fee as established by the city's annual fee schedule. (9) The planning director, upon the filing of any application for a permit, shall examine such plans, specifications and other data. If the proposed sign complies with this article and other applicable ordinances, the city shall issue a sign permit unless city council approval is required. If city council approval is required, the matter shall be promptly referred to the council for action. Any sign permit application that fails to meet the requirements of this article shall be denied by the city. (Ord. No. 231, § 1, 1-9-95) SECTION 5: AMENDMENT “Sec 20-1255 Signs Allowed Without Permit” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1255 Signs Allowed Without Permit The following signs are allowed without a permit: (a) Political campaign signs. Temporary political campaign signs are permitted according to the following: (1) The sign must contain the name of the person responsible for such sign, and that person shall be responsible for its removal. (2) Signs are not permitted in the public right-of-way, or within the sight triangle. (3) Shall comply with the Fair Campaign Practices Act contained in M.S. § 211B.045. (4) The city shall have the right to remove and destroy signs not conforming to this subsection. (5) Permitted from 46 days before the state primary in a state general election year until ten days following the state general election and 13 weeks prior to any special election until ten days following the special election. (6) No such sign shall be located within 100 feet of any polling site. (7) Sign shall be located on private property with permission of the property owner. 97 Page 19 (b) Directional signs. (1) On-premises signs shall not be larger than four square feet. The maximum height of the sign shall not exceed five feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. No more than four signs shall be allowed per lot. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. (2) Permanent off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be no larger than what is needed to effectively view the sign from the roadway and shall be approved by the city council. Temporary off-premises signs are prohibited, unless otherwise specified in this chapter. (3) On-premises signs for industrially zoned land in excess of 40 acres shall not exceed 12 square feet. The maximum height of the sign shall not exceed five feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties or the general appearance of the site from public right-of-way. No more than four signs shall be allowed per site. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. (c) Community signs or displays which contain or depict a message pertaining to a religious, national, state or local holiday or event and no other matter, and which are displayed for a period not to exceed 40 days in any calendar year. (d) Motor fuel price signs are permitted on the premises of any automobile service station or convenience store selling fuel, only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four square feet in sign display area. When such signs are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed 30 percent of the total sign display area of the sign. (e) Nameplate or integral signs not exceeding two square feet per building and does not include multi-tenant names. (f) Nonilluminated construction signs confined to the site of the construction, alteration or repair. Such a sign must be removed within one year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. One sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed 50 square feet in sign area, and residential construction signs may not exceed 24 square feet in sign area. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. (g) Signs of a public, noncommercial nature,Iinformational signs erected or required by a governmental entity or agency, including safety signs (O.S.H.A.), directional signs to public facilities, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like. Signs shall not exceed 16 square feet. (h) Rummage (garage) sale signs. Rummage sale signs shall be removed within two days 98 Page 20 after the end of the sale and shall not exceed four square feet. Rummage sale signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this subsection. The city may assess a fee in the amount established in chapter 4 of this Code for sign permits for each sign removed by the city. (i) Temporary development project advertising signs erected for the purpose of selling or promoting any nonresidential project, or any residential project of ten or more dwelling units, located in the City of Chanhassen, shall be permitted subject to the following regulations: (1) Not more than one nonilluminated sign per street frontage, provided that the total number of signs do not exceed two per project. (2) Such signs shall only be located along streets that provide primary access to the project site. (3) Such sign shall be setback at least ten feet from any property line for signs ten feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. (4) No such sign shall be located closer than 100 feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. (5) Such signs shall not be located closer than 100 feet from any other sign located on the same side of the street. (6) Sign display area shall not exceed 64 square feet, and the height of such signs shall not exceed 15 feet. (7) Such signs shall be removed when the project being advertised is sold or leased, or after three years. The planning director may permit a sign for longer than three years if the project being advertised is not sold or leased. (8) Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. (j) Temporary real estate signs which advertise the sale, rental or lease of real estate subject to the following conditions: (1) On-premises real estate signs advertising the sale, rental or lease of the premises upon which the sign is located. a. One nonilluminated sign is permitted per street frontage. b. Sign display area shall not exceed 16 square feet per sign on property containing less than ten acres in area, and 32 square feet per sign on property containing ten or more acres. c. No such sign shall exceed ten feet in overall height, nor be located less than ten feet from any property line. d. All temporary real estate signs shall be removed within seven days following sale, lease or rental of the property. e. Window signs advertising the sale, rental or lease of a building are permitted subject to the conditions of subsection 20-1265(g). (2) Off-premises real estate signs advertising the sale, rental or lease of business and industrial buildings: a. One nonilluminated sign is permitted per building. b. Such signs shall only be permitted in business and industrial districts, 99 Page 21 and on property located within the same subdivision or development as the building being advertised. c. Such signs shall not be located closer than 100 feet from any other such sign located on the same side of the street. d. Sign display area shall not exceed 32 square feet, and the height of such signs shall not exceed ten feet. e. Such sign shall be setback at least ten feet from any property line. f. Such signs shall be removed within seven days following the lease or sale of the building floor space which it is advertising. g. Provide written permission of property owner. (3) Off-premises directional signs which show direction to new residential developments in accordance with the following. The intent of this subsection is to allow short-term signage, for residential development, to familiarize the public with the new development. a. Such sign shall only be permitted along major arterials and collectors as identified in the comprehensive plan. b. Only one sign per corner of an intersection per development shall be permitted. There shall not be more than four signs per intersection. Signs shall not be located in any site distance triangle, measured 30 feet from the point of intersection of the property line. c. Sign display area shall not exceed 32 square feet and the height of such signs shall not exceed ten feet. d. Such sign shall not be located closer than ten feet from any street right-of-way line, and shall be firmly anchored to the ground. e. Written permission must be obtained from the property owner upon whose land the proposed sign is to be located. f. Such sign shall be nonilluminated and kept in good condition. g. Such sign shall be removed 12 months after the sign has been erected. A sign shall be permitted for each phase of a development. h. Signs for home promotions (Parade of Homes, Spring Preview, etc.) shall be limited to four square feet and shall be permitted only for the duration of the event. (k) Off-premises sign for open house, house for sale or rent, parade of homes, etc. Such signs shall be removed within two days after the end of the event and shall not exceed four square feet. The property owner upon which a sign is located shall provide their approval. The signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this section. The city may assess a fee in the amount established in chapter 4 of this Code for sign permits for each sign removed by the city. (l) Employment opportunity signs; (help wanted) which advertise job opportunities for a specific location upon which the sign is located subject to the following conditions: (1) One nonilluminated sign is permitted per street frontage. (2) A banner shall not exceed 100 square feet of display area and must be affixed to the principle structure. 100 Page 22 (3) Freestanding signs shall not exceed 16 square feet of display area and eight feet in height. (4) No such sign shall be located less than ten feet from any property line. (5) All temporary employment opportunity signs shall be removed within seven days after the posted position has been filled. (m) Corporate flags are limited to one per business. (n) Pickup signs; big box retailers and grocery stores are allowed one sign to designate an area of the parking lot for pickup/driveup loading of goods purchased in advance subject to the following conditions: (1) The pickup sign must be located within the parking lot and the placement of pickup sign shall be so located such that the sign does not adversely affect adjacent properties or navigability of the parking lot (including sight lines, confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. (2) No more than one pickup sign shall be allowed per business (3) The pickup sign may not exceed 13 feet in height. (4) The pickup sign's base shall be not more than two feet wide on a side, and no portion of the sign may project beyond the base. (5) The pickup sign is limited to four square feet of display area per sign face, and no more than 30 percent of the display area shall be used for the business logo or identification. (6) Businesses with a drive-through facility may not also have a pickup sign. (a) Site signage subject to the following conditions: (1) Shall be a maximum of 4 square feet. (2) The maximum height of the sign shall not exceed five feet from the ground. (3) Shall not be placed to affect the safety of traffic or pedestrians. (4) The placement of signs on the property shall not adversely affect adjacent properties or the general appearance of the site from public right-of-way (b) Windows signs subject to the following conditions: (1) A maximum of 50% of all windows may contain a window sign. Window signs shall be limited to 30% of the window area on which it is located. a. Window signs located on entrance doors to a business are exempt from this regulation. (2) Signage visible through windows shall not blink, flash, scroll or have any constant illumination, when illuminated, nor be excessively bright as determined by the city. (c) Window coverings allowed under the following conditions: (1) As required by local, state, or federal law. (2) Screening or privacy. (3) Windows coverings shall comply with design standards for commercial, industrial, and office institutional developments, and design standards for the central business district zoning district. 101 Page 23 (d) Temporary commercial signs, searchlights, banners, etc. subject to the following conditions: (1) Banners attached to the principle structure shall not exceed 140 square feet. (2) Detached banners shall not exceed 32 square feet and six feet in height. (3) Portable A-frame signs shall not exceed 8 square feet and four feet in height. (4) Non-portable signs shall be a maximum of 25 square feet and eight feet in height. (5) A business may display an attached or detached banner or portable sign on up to four occasions per calendar year, with a maximum ten-day display period for each occasion. (6) Portable signs and detached banners shall not be located in the public right-of- way. (7) No more than one portable sign or detached banner shall be permitted per business tenant at one time. (8) Inflatable advertising devices for each site or center are limited to two occasions per calendar year with each occasion not to exceed seven days. The inflatable device shall not exceed 25 feet in height. (9) The use of searchlights shall be limited to three occasions per year with each occasion not to exceed two days. The use of searchlights shall be controlled in such a way so as not to become a nuisance or safety hazard. Searchlights may not be illuminated between the hours of 12:00 midnight and 6:00 a.m. (10) Shall be maintained in good condition. (e) Temporary Non-Commercial Signs subject to the following conditions: (1) Signs shall not be located within public right-of-way. (2) Shall not exceed 6 square feet. (3) Shall not exceed 5 feet in height, as measured from grade to top of sign structure. (4) Shall be maintained in good condition. (Ord. No. 231, § 1, 1-9-95; Ord. No. 252, § 1, 4-8-96; Ord. No. 377, §§ 139, 140, 5-24-04; Ord. No. 423, §§ 9, 10, 6-12-06; Ord. No. 431, § 2, 9-25-06; Ord. No. 459, § 1, 9-24-07; Ord. No. 468, § 1, 8-11-08; Ord. No. 507, §§ 4, 5, 6-28-10; Ord. No. 510, § 1, 9-13-10; Ord. No. 632, § 18, 6-11-18) SECTION 6: AMENDMENT “Sec 20-1256 Permit For Temporary Signs, Searchlights, Banners, Etc.” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1256 Permit For Temporary Signs, Searchlights, Banners, Etc. Temporary signs are permitted as follows: 102 Page 24 (a) Banners attached to the principal structure shall not exceed 140 square feet. (b) Detached banners shall not exceed 32 square feet and six feet in height. (c) Portable signs shall not exceed 32 square feet and six feet in height. (d) All temporary signage shall meet the following standards: (1) A 30-day display period to coincide with the grand opening of a business or a new development (business park or shopping center which shall be in addition to subsection (d)(2). (2) A business may display an attached or detached banner or portable sign on up to four occasions per calendar year, with a maximum ten-day display period for each occasion. (3) Messages must relate to on-premises products or services, or any noncommercial message. (4) Attached banners, detached banners and portable signs must be located on the property which is owned or leased by the business which the sign is advertising. Nonprofit and governmental event banners are excluded from this provision. (5) Portable signs and detached banners shall not be located in the public right-of- way. (6) Portable signs and detached banners are limited to the driveway entrance area. (7) No more than one portable sign or detached banner shall be permitted per entrance at any given time. (e) Inflatable advertising devices are permitted according to the following: (1) For each site or center, two occasions per calendar year with each occasion not to exceed seven days. (2) Written authorization from the property owner or their designee must be submitted with the sign permit application. (3) Sign permit issued by city. (4) Maximum height of the inflatable shall be 25 feet. (f) Flashing or blinking portable signs, stingers, and pennants are not permitted. (g) Large flags flown in high winds may cause a noise nuisance and are subject to removal upon complaint from residents or businesses. (h) The use of searchlights shall be limited to three occasions per year with each occasion not to exceed two days. The use of searchlights shall be controlled in such a way so as not to become a nuisance. Searchlights may not be illuminated between the hours of 12:00 midnight and 6:00 a.m. (Ord. No. 231, § 1, 1-9-95; Ord. No. 468, § 2, 8-11-08; Ord. No. 485, § 1, 10-12-09; Ord. No. 545, § 1, 6-25-12) SECTION 7: AMENDMENT “Sec 20-1258 Legal Action” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1258 Legal Action If the city Community Development planning Ddirector or an administrative officer finds that 103 Page 25 any sign regulated by this articledivision is prohibited as to size, location, content, type, number, height or method of construction; or erected without a permit first being granted to the installer of the sign to the owner of the property upon which the sign has been erected or is improperly maintained, or is in violation of any other provision of this chapter, they he shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within ten calendar days following receipt of said notice: (a) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. (Ord. No. 231, § 1, 1-9-95) SECTION 8: AMENDMENT “Sec 20-1259 Prohibited Signs” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1259 Prohibited Signs The following signs are prohibited: (a) Advertising or business sSigns on or attached to equipment, such as semitruck trailers., where signing is a principal use of the equipment on either a temporary or permanent basis. (b) Motion signs and flashing signs, except barber poles, which may be permitted by conditional use permits (see sections 20-231 through 20-237). (c) Projecting signs, not including awning or canopies as defined in this chapter. (d) Roof signs, except that a business sign may be placed on the roof, facia or marquee of a building provided it does not extend above the highest elevation of the building, excluding chimneys, and provided: (1) Roof signs shall be thoroughly secured and anchored to the frames of the building over which they are constructed and erected. (2) No portion of roof signs shall extend beyond the periphery of the roof. (e) Wall graphics and design treatments depicting corporate logos and company symbols. (f) Temporary signs or banners except as permitted in section 20-12556. (g) Signs which are placed or tacked on trees, fences, utility poles or in the public right-of- way. (h) Bench signs are prohibited except for those installed/owned by a governmental unit and at designated transit stops as authorized by the local transit authority. (i) Billboards. (j) Temporary flag signs. (Ord. No. 231, § 1, 1-9-95; Ord. No. 424, § 1, 7-24-06; Ord. No. 431, § 3, 9-25-06; Ord. No. 482, § 1, 8-10-09) 104 Page 26 SECTION 9: AMENDMENT “Sec 20-1265 General Location Restrictions” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1265 General Location Restrictions (a) No freestanding sign or sign structure shall be closer than ten feet to any lot line. Signs shall not be located in the sight distance triangle of any private driveway or access. Signs shall not be located in any sight distance triangle of a public intersection. (b) Signs on nonresidential property which are immediately adjacent to residential uses or districts shall be positioned so that the copy is not visible along adjoining side and rear yard property lines. (c) No sign, other than governmental signs, shall be erected or placed upon any public street, right-of-way, or project over public property unless approved by the city and contingent upon an approved encroachment agreement. Temporary signs may not be erected or placed in a public easement unless approved by the city. No sign shall be placed within any drainage or utility easement without an approved encroachment agreement. (d) Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "Stop", "Caution", "Warning", unless the sign, is intended to direct traffic on the premises. No private sign shall duplicate traffic controls, unless the sign is intended to direct traffic on the premises. (e) No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences or trees, nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. (f) No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. (g) Window signs shall not cover more than 50 percent of the total window area in which they are located. The area of a window sign shall be interpreted as the total window area for that face of the building. In no case shall the total window sign area exceed the permitted wall sign area defined in this chapter for said district. Buildings with less than 32 square feet of window area are exempt from this provision. Signage visible through windows shall not blink, flash, scroll or have any but constant illumination, when illuminated, nor be excessively bright. (Ord. No. 231, § 1, 1-9-95; Ord. No. 431, § 5, 9-25-06; Ord. No. 451, § 11, 5-29-07) SECTION 10: AMENDMENT “Sec 20-1267 Uniformity Of Construction, Design, Etc.” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T 105 Page 27 Sec 20-1267 Uniformity Of Construction, Design, Etc. (a) All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi-tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development shall be presented concurrently for staff review. All planned centers and multi-tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. (1) All wall signage shall use individual dimension letters, at least one-half inch deep. Company symbols, display messages (not greater than six inches tall), pictorial presentations, illustrations, or decorations (anything other than wording) and less than 20 percent of the total sign display area are exempt from the individual dimension letter requirement. (2) Wall signs shall be either illuminated or non-illuminated and shall meet the following criteria: a. Backlit or exposed lighting shall be architecturally compatible with the building and other signage if in a multi-tenant building. b. If a neon sign is illuminated by exposed neon or LED, the luminous shall not to exceed 5,000 Nits between the hours of civil sunrise and civil sunset and not to exceed 500 Nits between the hours of civil sunset and civil sunrise. c. If a sign is non-illuminated, downcast decorative lighting compatible with the building architecture may be used. (3) Company logos shall not occupy more than 30 percent of the sign display area and are exempt from the individual dimension letter requirement. (b) All permanent monument or pylon signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi-tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development shall be presented concurrently for staff review. All planned centers and multi-tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. (1) Letters on a monument sign All center, development name or an individual tenant building signage on a monument or pylon sign shall use individual dimension letters, at least one-half inch deep. (2) Registered trademarks, company symbols, display messages (less than six inches tall), pictorial presentations, illustrations, or decorations (anything other than wording) and less than 20 percent of the total sign display area are exempt from the individual dimension letter requirement. (3) In multi-tenant buildings, tenant panels may be used and shall be exempt from the individual dimension letter requirement. (4) Company logos shall not occupy more than 30 percent of the sign display area and are exempt from the individual dimension letter requirement. (5) All on-premise freestanding signs must have structural supports covered or concealed with pole covers. The actual structural supports should not be exposed, and the covers should be architecturally and aesthetically designed to match the building. 106 Page 28 (6) No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the building official. Any canopy or awning sign shall have a minimum of an eight-foot clearance. (7) Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. No such signs shall interfere with or obscure an official traffic sign or signal; this includes indoor signs which are visible from public streets. Illumination for a sign or groups of signs shall not exceed one-half foot candle in brightness as measured at the property line. (Ord. No. 231, § 1, 1-9-95; Ord. No. 423, § 11, 6-12-06; Ord. No. 468, § 3, 8-11-08; Ord. No. 485, § 2, 10-12-09; Ord. No. 507, § 6, 6-28-10; Ord. No. 544, § 1, 6-25-12) SECTION 11: AMENDMENT “Sec 20-1275 Construction Standards” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1275 Construction Standards (a) A freestanding sign or sign structure shall be constructed so that if the faces are not back to back, then they shall not have an angle separating the faces exceeding 45 degrees, unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. 45 Degree Maximum Angle (b) All on-premises freestanding signs must have structural supports covered or concealed with pole covers. The actual structural supports should not be exposed, and the covers should be architecturally and aesthetically designed to match the building. Pole covers shall be a minimum height of eight feet. The exposed uprights, superstructure and/or backside of all signs shall be painted a neutral color such as light blue, gray, brown or white, unless it can be illustrated that such part of the sign designed or painted in another manner is integral to the overall design of the sign. Shopping Center 107 Page 29 (c) The installation of electrical signs shall be subject to the National Electrical Code, as adopted and amended by the city. Electrical service to such sign shall be underground. (d) No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the building official. Any canopy or awning sign shall have a minimum of an eight-foot clearance. (e) Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. No such signs shall interfere with or obscure an official traffic sign or signal; this includes indoor signs which are visible from public streets. Illumination for a sign or groups of signs shall not exceed one-half foot candle in brightness as measured at the property line. SECTION 12: AMENDMENT “Sec 20-1276 Electronic Message Center Signs” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1276 Electronic Message Center Signs Electronic message center (EMC) signs and time and temperature signs shall comply with the following standards: (a) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. (b) Public/Community signs, eElectronic and nonelectronic message center space used on a sign shall not exceed the following display area: Sign display area EMC Display 0—24 sq. ft. 50% 25—64 sq. ft. 45% 65—80 sq. ft. 40% 108 Page 30 (c) Electronic message center signs for gas stations shall meet the following requirements: (1) One single or double-sided EMC display area is permitted but shall not exceed 8 square feet per side of a monument or pylon sign. (d) Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. (e) Electronic message center signs shall not cause direct glare, nor become a distraction due to excessive brightness. (f) The lamp wattage and luminance level in candelas per square meter (Nits) shall be provided at the time of permit applications. (g) There shall be no electronic message center signs in the front setback area within 50 feet of a street intersection (as measured from intersecting right-of-way lines) except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. (h) There shall be no electronic message center signs within 125 feet of a residential district. (i) Flashing, special effects or animated scenes on electronic message center signs shall be prohibited. (j) Electronic message center signs shall not be located in agricultural or residential zoning districts. (k) Electronic message center sign display use for signs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. (Ord. No. 482, § 2, 8-10-09) SECTION 13: AMENDMENT “Sec 20-1302 Neighborhood Business, Fringe Business And Office And Institutional Districts” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1302 Neighborhood Business, Fringe Business And Office And Institutional Districts The following signs shall be allowed by permit in any OI, BF or BN districts: (a) Ground low profile business signs.Monument Sign. One monumentground low profile 109 Page 31 business or institutional sign not exceeding 24 square feet of sign display area shall be permitted. Such sign shall be located at least ten feet from any property line and shall not exceed five feet in height. (b) Wall business signs. (1) One wall business sign shall be permitted on the street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. (2) The sign may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or street. (3) The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage of Wall Area Wall Area in Square Feet 15% 0—600 13% 601—1,200 11% 1,201—1,800 9% 1,801—2,400 7% 2,401—3,200 5% 3,201—4,500 3% not to exceed 275 square feet 4,500+ (4) (c) Wall signs shall not include product advertising. Wall signs shall only include tenant Wall Area in Square Feet Maximum Percentage of Wall Area 0-600 15% 601-1,200 13% 1,201-1,800 11% 1,801-2,400 9% 2,401-3,200 7% 3,201-4,500 5% 4,501+ 3% not to exceed 275 square feet 110 Page 32 identification, tenant logo or registered trademark, center name, or any combination of the three. (d) Projecting Sign. A projecting sign may be permitted in accordance with the standards listed below. (1) Must provide a clearance of 8’ from the adjacent sidewalk or finished surface. (2) Projecting signs shall only be located on the first floor and shall not exceed 6 square feet in sign area. (3) Projecting signs are limited to a projection distance of not more than four (4) feet. This is measured from edge of building face to outer edge of the projecting sign furthest from the building face. (e) Canopy Sign. Canopy signs may be permitted as follows: (1) A canopy sign shall not be installed in addition to a wall sign. (2) Shall be limited to one per street frontage for each business occupant within a building. (3) Signs shall adhere to permitted wall sign area. (f) Awning Sign. Awning Signs subject to the following conditions: (1) Each business occupant or owner shall be limited to one awning sign. (2) Shall not exceed 30% of the awning area, not to exceed 8 square feet. (3) Shall not project from the surface of the awning. (g) Public/Community Sign. Public/community signs on property owned or leased by a governmental unit and operated by a governmental unit. (1) One monument sign shall be permitted per site for each street frontage. Such sign shall not exceed 120 square feet in display area nor be greater than eight feet in height. (2) Electronic message center signs may be permitted as part of the sign display area. Such sign does not require a conditional use permit. (3) Electronic message center signs shall comply with the following standards as stated in 20-1276: a. Electronic message center space used on a sign shall not exceed a total of 40 square feet. b. No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. c. Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. d. Electronic message center signs shall not cause direct glare, nor become a distraction due to excessive brightness. e. The lamp wattage and luminance level in candles per square meter (Nits) shall be provided at the time of permit application. f. There shall be no electronic message center signs within 50 feet of a street intersection (as measured from intersecting right-of-way lines) or within 125 feet of a residential district, except where lighting for such sign is indirect or diffused and in no way constitutes a traffic 111 Page 33 hazard. g. Flashing, special effects or animated scenes on electronic message center shall be prohibited. h. Electronic message center sign display use for signs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. (Ord. No. 231, § 1, 1-9-95; Ord. No. 377, § 143, 5-24-04; Ord. No. 409, § 7, 1-9-06; Ord. No. 409, § 7, 1-9-06; Ord. No. 468, §§ 4, 5, 8-11-08; Ord. No. 482, § 3, 8-10-09) SECTION 14: AMENDMENT “Sec 20-1303 Highway, General Business Districts And Central Business Districts” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1303 Highway, General Business Districts And Central Business Districts The following signs shall be allowed by permit in any "BH" and, "BG" or "CBD" District: The following table lists the standards for freestanding and ground low profile signs in the BH or, BG or CBD zone. Principal Structure Pylon Ground Low Profile Height (feet) Sign Size (square feet) Height (feet) Sign Size (square feet) 50,000 sq. ft. or greater 20 80 10 80 Less than 50,000 sq. ft. 16 64 8 64 (a) Pylon business sSign. Pylon signs are permitted on parcels that abut state highway corridors only. One pylon identification sign shall be permitted. This sign may identify the name of the center or the major tenants. The height and square footage of the sign shall be based on the square footage of the principal structure as shown in the table. Such signs shall be located at least ten feet from any property line. (b) Ground low profile business signs.Monument Sign. One monumentground low profile business sign shall be permitted per each outlot or separate building pad that has street frontage. The height and square footage of the sign shall be based on the table above. Such signs shall be located at least 300 feet from any other pylon or ground sign on the parcel and at least ten feet from any property line. 112 Page 34 (c) Wall business signs. (1) One wall business sign shall be permitted on the street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. (2) The sign may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or street. (3) The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage of Wall Area Wall Area in Square Feet 15% 0—600 13% 601—1,200 11% 1,201—1,800 9% 1,801—2,400 7% 2,401—3,200 5% 3,201—4,500 3% not to exceed 275 square feet 4,500+ (4) (d) Projecting Sign. A projecting sign may be permitted in accordance with the standards listed below. (1) Must provide a clearance of 8’ from the adjacent sidewalk or finished surface. Wall Area in Square Feet Maximum Percentage of Wall Area 0-600 15% 601-1,200 13% 1,201-1,800 11% 1,801-2,400 9% 2,401-3,200 7% 3,201-4,500 5% 4,501+ 3% not to exceed 275 square feet 113 Page 35 (2) Projecting signs shall only be located on the first floor and shall not exceed 6 square feet in sign area. (3) Projecting signs are limited to a projection distance of not more than four (4) feet. This is measured from edge of building face to outer edge of the projecting sign furthest from the building face. (e) Canopy Sign. Canopy signs may be permitted as follows: (1) A canopy sign shall not be installed in addition to a wall sign. (2) Shall be limited to one per street frontage for each business occupant within a building. (3) Signs shall adhere to permitted wall sign area. (f) Awning Sign. Awning Signs subject to the following conditions: (1) Each business occupant or owner shall be limited to one awning sign. (2) Shall not exceed 30% of the awning area, not to exceed 8 square feet. (3) Shall not project from the surface of the awning. (g) Drive-Through Sign. Menu board. One menu board sign per restaurant drive-through aisle is permitted with a drive-through facility. Such sign shall not exceed 45 square feet in size, nor greater than eight feet in height. Such sign is permitted in addition to any other sign permitted in the zoning district. (Ord. No. 314, § 2, 3-26-01; Ord. No. 377, §§ 144, 145, 5-24-04; Ord. No. 409, § 8, 1-9-06; Ord. No. 468, § 4, 8-11-08; Ord. No. 628, § 49, 12-11-17) SECTION 15: AMENDMENT “Sec 20-1304 Industrial Office Park Signs” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1304 Industrial Office Park Signs The following signs shall be allowed by permit in any IOP district: (a) Pylon business signs.Pylon Sign. Pylon signs are permitted on parcels that abut state highway corridors only. One pylon or one ground low profile industrial office park identification sign shall be permitted. A pylon sign shall not exceed 80 square feet on a state highway in sign area and shall not exceed 20 feet in height. Such sign shall be located at least ten feet from any property line. (b) Ground low profile business signs.Monument Sign. One monumentground low profile business sign shall be permitted per site for each street frontage. Such sign shall not exceed 64 square feet, except on a state highway, in display area nor be greater than eight feet in height. Such sign shall be located at least ten feet from any property line. A ground low profile on a state highway may not exceed 80 square feet and eight feet in height. Such sign shall be located at least ten feet from any property line. (c) Wall business signs. 114 Page 36 (1) One wall business sign shall be permitted on the street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. (2) The sign may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or street. (3) The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage of Wall Area Wall Area in Square Feet 15% 0—600 13% 601—1,200 11% 1,201—1,800 9% 1,801—2,400 7% 2,401—3,200 5% 3,201—4,500 3% not to exceed 275 square feet 4,500+ (4) (Ord. No. 231, § 1, 1-9-95; Ord. No. 314, § 3, 3-26-01; Ord. No. 377, §§ 146, 147, 5-24-04; Ord. No. 409, § 9, 1-9-06; Ord. No. 452, § 4, 7-9-07; Ord. No. 459, § 2, 9-24-07; Ord. No. 468, § 4, 8-11-08) Wall Area in Square Feet Maximum Percentage of Wall Area 0-600 15% 601-1,200 13% 1,201-1,800 11% 1,801-2,400 9% 2,401-3,200 7% 3,201-4,500 5% 4,501+ 3% not to exceed 275 square feet 115 Page 37 SECTION 16: ADOPTION “Sec 20-1305 Central Business District Signs” of the Chanhassen Municipal Code is hereby added as follows: A D O P T I O N Sec 20-1305 Central Business District Signs(Added) Sec 20-1305 Central Business District Signs (a) Wall Sign. One wall sign shall be permitted per street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance façade. (b) (c) Monument Sign. One monument sign shall be permitted per building and shall be limited to 4 feet in height and 32 square feet in size. Such signs shall be located at least ten feet from any property line. (d) Pylon Sign. Pylon signs are prohibited. (e) Projecting Sign. One projecting sign is permitted per business in accordance with the standards listed below. (1) Must provide a clearance of 8’ from the adjacent sidewalk or finished surface. (2) Projecting signs shall only be located on the first floor and shall not exceed 6 square feet in sign area. (3) Projecting signs are limited to a projection distance of not more than four (4) feet. This is measured from edge of building face to outer edge of the projecting sign furthest from the building face. (f) Canopy Sign. Canopy signs may be permitted as follows: (1) A canopy sign shall not be installed in addition to a wall sign. (2) Shall be limited to one per street frontage for each business occupant within a building. (3) Signs shall adhere to permitted wall sign area. (g) Awning Sign. Awning Signs subject to the following conditions: Wall Area in Square Feet Maximum Percentage of Wall Area 0-600 9% 601-1,200 8% 1,201-1,800 7% 1,801-2,400 6% 2,401-3,200 5% 3,201-4,500 4% 4,501+ 3% not to exceed 275 square feet 116 Page 38 (1) Each business occupant or owner shall be limited to one awning sign. (2) Shall not exceed 30% of the awning area, not to exceed 8 square feet. (3) Shall not project from the surface of the awning. (h) Signage shall adhere to the Downtown Design Guidelines. SECTION 17: AMENDMENT “Sec 20-1301 Agricultural And Residential Districts” of the Chanhassen Municipal Code is hereby amended as follows: A M E N D M E N T Sec 20-1301 Agricultural And Residential Districts The following signs are allowed by permit in the A-2, RR, RSF, R-4, RLM, R-8, R-12, R-16, and residential PUD districts: (a) Public and institutional signs. One monumentground low profile or wall sign, not exceeding 24 square feet of sign display area, shall be permitted on the premises of any public or institutional property giving the name of the facility and nature of the use and occupancy. Such sign shall be located at least ten feet from any property line, and shall not exceed five feet in height. (b) Area identification/entrance signs. Only one monument sign may be erected at the entrance(s). Total sign area shall not exceed 24 square feet of sign display area, nor be more than five feet high. More than one sign per entrance may be erected, provided that the total sign area does not exceed 24 square feet. Any such sign or monument shall be designed with low-maintenance, high quality materials. The adjacent property owner or a homeowners association shall be responsible for maintenance of the identification/entrance sign and surrounding grounds and landscaped areas. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operation, and shall be securely anchored to the ground. (c) Nonresidential uses. Only one monument sign may be permitted on the site. The total sign area shall not exceed 24 square feet of sign display area, nor be more than five feet in height. (Ord. No. 231, § 1, 1-9-95; Ord. No. 252, § 2, 4-8-96; Ord. No. 314, § 1, 3-26-01; Ord. No. 377, § 142, 5-24-04) 117 Page 39 SECTION 2. This ordinance shall be effective immediately after its passage and publication. PASSED AND ADOPTED this XXth day of April 2026 by the City Council of the City of Chanhassen, Minnesota. ATTEST: Jenny Potter, City Clerk Elise Ryan, Mayor (Published in the Sun Sailor on XXX) 118 Sign Code Ordinance 119 Community Engagement •Email sent to businesses within the CBD District on December 19th. •Follow-up email sent on January 5th. •Microsoft Teams open house held January 9th between 9:00am – 11:00am. 120 •More signage options are appreciated. •Businesses may not opt to purchase awnings for storefronts or projecting signs. •“Sign bands” along buildings are currently a limiting factor for business signage. Community Engagement Findings 121 1.Right-size Wall Signs in the downtown area. Prevent future outliers. 2.Expand sign options within the downtown area. 3.Remove regulations specific to content (1st amendment violation). 4.Improve implementation and permitting. Sign Code Change Proposals 122 Wall Signs - Downtown ProposedExisting Wall Area (sf)Maximum Percentage of Wall Area 0 - 600 15% 601 - 1,200 13% 1,201 - 1,800 11% 1,801 - 2,400 9% 2,401 - 3,200 7% 3,201 - 4,500 5% 4,501 +3% not to exceed 275 square feet Wall Area (sf)Maximum Percentage of Wall Area 0 - 600 9% 601 - 1,200 8% 1,201 - 1,800 7% 1,801 - 2,400 6% 2,401 - 3,200 5% 3,201 - 4,500 4% 4,501 +3% not to exceed 275 square feet 123 Wall Signs - Downtown Proposed Wall Area (sf)Maximum Percentage of Wall Area 0 - 600 9% 601 - 1,200 8% 1,201 - 1,800 7% 1,801 - 2,400 6% 2,401 - 3,200 5% 3,201 - 4,500 4% 4,501 +3% not to exceed 275 square feet Of the 13 wall sign permits issued within the last two years for wall signs in the downtown, only the following would have been required to be reduced in size. The rest would not have been impacted by the proposed revision. 1.Moe’s Char House 2.The Original Mattress Factory 124 1.Right-size wall signs in the downtown area. Prevent future outliers. 2.Expand sign options within the downtown area. 3.Remove regulations specific to content (1st amendment violation). 4.Improve implementation and permitting. Sign Code Change Proposals 125 Expanded Signage Opportunities - Downtown Awning Sign Projecting Sign 126 Expanded Signage Opportunities - Downtown Projecting Sign •Minimum 8’ clearance from sidewalk •Only on 1st floor •Can project maximum of 4’ from building face 127 Expanded Signage Opportunities - Downtown Awning Sign •Not to exceed 30% of awning area. •Not to project from awning surface •1 awning sign per business/occupant 128 Expanded Signage Opportunities - Downtown Canopy Signage •One per street frontage for each business occupant in a building •Sign shall adhere to permitted wall sign area. •Canopy sign shall not be installed in addition to a wall sign 129 1.Right-size wall signs in the downtown area. Prevent future outliers. 2.Expand sign options within the downtown area. 3.Remove regulations specific to content (1st amendment violation). 4.Improve implementation and permitting. Sign Code Change Proposals 130 Content Regulation •Political Campaign Signs •Directional Signs •Community-based signs or displays •Motor fuel price signs •Nameplate or integral signs •Nonilluminated construction signs •Garage sale signs •Temporary Development Project Advertising Signs •Temporary Real Estate Signs •Off-premise sign for open house •Employment opportunity sign •Corporate flags •Pickup signs •Corporate logos Sign ordinance currently provides separate regulations for the below signs based on sign content which is a violation of 1st amendment: 131 1.Right-size wall signs in the downtown area. Prevent future outliers. 2.Expand sign options within the downtown area. 3.Remove regulations specific to content (1st amendment violation). 4.Improve implementation and permitting. Sign Code Change Proposals 132 Improve Implementation and Permitting •Allow temporary signs without a permit. Currently a permit required. •12 of the 28 temporary sign permits in the last 3 years from 1 applicant. •Repeat applicants (i.e. Lunds & Byerly’s). •Enforcement action is the same with or without a permit (duration, condition). 133 Improve Implementation and Permitting Window Signs •Update from unclear percentage of window space to simply not to exceed 6 square feet per business occupant or owner. •Window signs shall still be required to not blink, flash, scroll, or have any constant illumination, when illuminated, not be excessively bright as determined by city. 134 Improve Implementation and Permitting Site Signs to replace directional and pickup signs. •Maximum of 4 square feet •Maximum height 5 feet from the ground •Shall not be placed to affect safety of traffic or pedestrians •Sign placement shall not adversely affect adjacent properties or the general appearance of the site from public right-of-way. 135 Improve Implementation and Permitting Temporary Commercial Signs •All existing size, placement, height standards remain but relocated from the temporary signs requiring a permit section of code. •Shall be maintained in good condition. Temporary Non-Commercial Signs •Signs shall not be located within public right-of-way •Shall not exceed 6 square feet •Shall not exceed 5 feet in height, measured from ground to top of sign structures •Shall be maintained in good condition. 136 Improve Implementation and Permitting Nonconforming Sign Code •Current – if a sign is being moved or replaced it has to be brought up to current city code requirements. •Possible – modify to rely on existing “non-conforming uses” city code which would allow a nonconformity to remain or be replaced unless the nonconformity is discontinued for more than 1 year or is destroyed greater than 50% and no permit is applied for within 180 days. 137 Improve Implementation and Permitting Electronic Message Center (EMC) Signs •EMCs shall continue to be used for public/community signs in the same size as are currently allowed. •EMCs shall continue to be allowed for gas stations but shall meet the following requirements: •One single side or double-sided EMC display area is permitted but shall not exceed 8 square feet per side of a monument or pylon sign. •EMCs shall not contain flashing, special effects, video or animated scenes on electronic message center signs. 138 Potential Sign Code Schedule Planning Commission Public Hearing – March 3, 2026 City Council – March 23, 2026 139 CITY COUNCIL DISCUSSION 140 From: Matt Hergott Sent: Monday, March 2, 2026 1:47 PM To: Maass, Eric <emaass@chanhassenmn.gov> Subject: Sign definitions and regulation concern Good afternoon, Eric. Per our conversation regarding updating sign definitions and regulations, these are the topics that we discussed. Von Hanson’s does not want any changing of our signage from our windows, due to the fact that it would expose the backside of our retail freezer displays. When we moved into the space 15 years ago, this is the way the building was. We invested a lot of money and had professional signage done to make the exterior look nice with the retail space that we have. Our signage lists our product offerings while covering the equipment backside. We understand there needs to be guidelines so the community of Chanhassen continues to look appealing to everyone. If you feel we need to attend the meeting, please let me know, but per our conversation, it did not seem like we need to. Thanks for your time. Matt Hergott Sent from my iPhone 141 Planning Commission Item April 7, 2026 Item Approve Planning Commission Meeting Minutes dated March 17, 2026 File No.Item No: E.1 Agenda Section APPROVAL OF MINUTES Prepared By Amy Weidman, Senior Admin Support Specialist Applicant Present Zoning Land Use Acerage Density Applicable Regulations SUGGESTED ACTION "The Chanhassen Planning Commission approves its March 17, 2026 meeting minutes." SUMMARY BACKGROUND DISCUSSION RECOMMENDATION 142 "The Chanhassen Planning Commission approves its March 17, 2026 meeting minutes." ATTACHMENTS Meeting Minutes dated March 17, 2026 143 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 17, 2026 CALL TO ORDER: Chairman Noyes called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Chair Eric Noyes, Vice Chair Steve Jobe, Jeremy Rosengren, Ryan Soller, Mike Olmstead, Dave Grover, and Katie Trevena. MEMBERS ABSENT: None. STAFF PRESENT: Rachel Jeske, Planner; and Eric Maass, Community Development Director. PUBLIC PRESENT: Ron Spoden ATSR Paul Bourgeois Minnetonka School District PUBLIC HEARINGS: 1. Consider Recommendation for Site Plan Approval for Minnetonka Middle School West Facility Additions (#26-04) Planner Rachel Jeske reviewed the development location and noted that the current zoning designation was office & institutional, and the land use in the 2040 Land Use Plan is public/semi-public. She summarized the completed communication, including a proposed development sign placed on the property, a neighborhood meeting, an email sent to the proposed development group, postcards sent to nearby properties, and a public hearing notice posted in the Sun Sailor. She explained the city’s discretion in approving or denying a site plan. She summarized the site plan and explained the proposed classroom additions, gymnasium addition, and athletic facilities. She reviewed the landscaping and the mechanical equipment screening for the site plan. She summarized the parking spaces required for the building. She provided an overview of the existing grading and drainage conditions for the property and explained the proposed two surface filtration basins and one sand filtration section located under the turf field. Commissioner Jobe asked if they were losing parking spaces based on the setback requirements. Ms. Jeske confirmed this information but clarified that they would be required to relocate them elsewhere on the property. Paul Bourgeois, Minnetonka School District, thanked the staff for considering the proposal. He noted that the Facilities Task Force provided recommendations that they were hoping to implement. They were open to modifications if necessary. Chairman Noyes opened the public hearing. There were no public comments. 144 Planning Commission Minutes – March 17, 2026 2 Chairman Noyes closed the public hearing. Commissioner Olmstead moved, Commissioner Jobe seconded that the Chanhassen Planning Commission recommends approval of the requested site plan for building additions and site alterations to Minnetonka Middle School West, subject to the conditions listed in the staff report, and adopts the Findings of Fact and Recommendation. All voted in favor, and the motion carried unanimously with a vote of 7 to 0. APPROVAL OF MINUTES: 1. APPROVAL OF PLANNING COMMISSION MINUTES DATED MARCH 3, 2026 Commissioner Trevena moved, Commissioner Grover seconded to approve the Chanhassen Planning Commission summary minutes dated March 3, 2026, as presented. All voted in favor, and the motion carried unanimously with a vote of 7 to 0. CITY COUNCIL ACTION UPDATE: Community Development Director Eric Maass told the commissioners that the 2050 Comprehensive Plan Request for Proposals was currently out for review and consideration by private consulting firms. The city has received questions from consulting firms asking questions about the request for proposal. He will provide additional information when possible. The plan is to hire a firm through the request for proposal by May. He also stated the Avienda development team would provide an update to the City Council on Monday, March 23. ADJOURNMENT: Commissioner Soller moved, Commissioner Trevena seconded to adjourn the meeting. All voted in favor, and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 6:15 p.m. Submitted by Eric Maass Community Development Director 145