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HomeMy WebLinkAbout2013 01-31 PCP Amended crry'f BROOKLYN CENTER PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JANUARY 31,2013 1. Call to Order: 7:00 PM 2. Roll Call 3. Administer Oath of Office,Randall Christensen,Benjamin Freedman 3. Approval of Minutes—January 17,2013 Meeting 4. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5. Appointment of 2013 Chair Pro Tem 5. Planning Application Items with public hearing) 6. Planning Application Items without public hearing)—None a) Loren Van Der Slik/Gatlin Development Planning App.No. 2013-002 Consideration of a proposed Final Plat of SHINGLE CREEK CROSSING 3`d ADDITION, located in the Shingle Creek Crossing PUD site. 7. Discussion Items a) Introduction and discussion of proposed amendment to City Code Chapter 34- SIGNS, by allowing "Dynamic Message Signs"to certain Public and Semi-Public uses located in residential districts. 8. Adjournment MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 17, 2013 CALL TO ORDER The Planning Commission meeting was called to order by Acting Chair Rahn at 7:09 p.m. ROLL CALL 2012 PLANNING COMMISSION Acting Chair Sean Rahn, Commissioners Scott Burfeind, Michael Parks, and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary. Rebecca Crass. Carlos Morgan was absent and unexcused. Commissioner Parks arrived at 7:09 p.m. APPROVAL OF MINUTES—DECEMBER 13, 2012 There was a motion by Commissioner Parks , seconded by Commissioner Burfeind, to approve the minutes of the December 13, 2012 meeting as submitted. The motion passed unanimously. ADJOURNMENT Acting Chair Rahn adjourned the 2012 Planning Commission. The meeting adjourned at 7:09 p.m. ADMINISTER OATH OF OFFICE Mr. Benetti administered Oath of Office to Sean Rahn and Stephen Schonning. CALL TO ORDER—2013 PLANNING COMMISSION The 2013 Planning Commission was called to order by Acting Chair Rahn at 7:10 p.m. ROLL CALL 2013 PLANNING COMMISSION Acting Chair Sean Rahn, Commissioners Scott Burfeind, Michael Parks, and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Carlos Morgan was absent and unexcused. There was a motion by Commissioner Parks to nominate Chair Rahn as Acting Chair, seconded by Commissioner Schonning. The motion passed. CHAIR'S EXPLANATION Acting Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, Page 1 1-17-2013 the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2013-002 LOREN VAN DER SLIK/GATLIN DEVELOPMENT Acting Chair Rahn introduced Application No. 2013-002, consideration of a proposed Preliminary Plat of Shingle Creek Crossing 3`d Addition, located in the Shingle Creek Crossing PUD properties. (See Planning Commission Information Sheet dated 1-17-2013 for Application No. 2013-002.) Mr. Benetti explained the applicant is requesting this application to modify a number of original lots in the westerly area of the PUD to include the following: 1. replat Lots 2 and 3, Block 1 of Shingle Creek Crossing into one new larger Lot 1, Block 1, Shingle Creek Crossing 3`d Addition; 2. replatting original Lots 6, 7, 8, and 9, Block 1 of Shingle Creek Crossing into four, newly reconfigured lots as Lots 2, 3, 4, and 5, Block 1, Shingle Creek Crossing 3`d Addition. He added Part of this replatting is being provided to incorporate the original lot for proposed "Building N" (Lot 2, Block 1, SCC) into the larger "Existing `Food-Court' Building" Lot 3, Block 1 and was to be a 21,515 sf. retail building space situated between the existing Sear's property and new Wal-Mart. He added this lot would be developed with parking area to accommodate the additional retail space created by Gatlin inside the old Food Court building. Mr. Benetti further explained the need for replatting the other four lots is largely due in part to the reconfiguration done to the new LA/Fitness (Lot 3, Blk. 1) site, and the proposed Panda Express restaurant site (Lot 4, Blk. 1). The new LA Fitness was initially planned to be a 45,000 sq. ft. building site, but was approved as a 38,000 sq. ft. fitness facility. The reduced building allowed for reduced number of parking spaces, with spaces redistributed to adjacent lots. This original PUD Bldg G site was planned for a 45,000 sq. ft. facility, with 204 parking spaces. The City recently approved the site and building plan for the new LA Fitness, and reduced the required number of parking needed on this site and the new lot now accommodates 201 spaces. Mr. Benetti described various adjustments to the layout of the lots as outlined in this application including providing 30 additional parking spaces (from 763 to 793) to the larger Existing `Food Court' Building and an increase to Bldg. B from 85 to 111 spaces. He added the parking ratios exceed the 4.5/1,000 sq. ft. minimum for retail/service uses and the 10/1,000 sq. ft. for restaurant or eating establishments. Commissioner Burfeind asked for clarification regarding potential separation tag of the buildings and asked if the overall concept changed or stays the same? Mr. Benetti explained the history of the buildings and how the separation of the Sears building and the former food court building took place and how the plans are proposed at this stage of the development. He added Mr. Gatlin will be required to submit a new Master Plan that follows the sequence taking place with development on the site that will be consistent with a 4th amendment to the Master Plan/PUD. Page 2 1-17-2013 PUBLIC HEARING—APPLICATION NO. 2013-002 There was a motion by Commissioner Burfeind, seconded by Commissioner Parks, to reopen the public hearing on Application No. 2013-002, at 7:28 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. There was no one from the public present at the meeting. Commissioner Parks inquired about the importance of approving this preliminary plat now. Mr. Eitel responded the significance of doing it now is so LA Fitness can continue moving forward with their contracts to construct a 38,000 sq. ft. building and meet required parking. Commissioner Parks asked if things are going to change later, what difference does it make if they get their reconfiguration approved now rather than later? Mr. Eitel replied that there is an agreement that each development will meet certain parking criteria per lot and the reconfiguration shifts some parking space and still meets the minimum requirement. This new plan no longer shows a separation between the Sears building and the former Food Court building. Mr. Eitel added the significance of replatting now has to do with contractual agreements with the tenant leases. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Burfeind, to close the public hearing on Application No. 2013-002 . The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-01 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-002 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 3RD ADDITION. There was a motion by Commissioner Burfeind, seconded by Commissioner Parks, to approve Planning Commission Resolution No. 2013-01 Regarding the Recommended Disposition of Planning Commission Application No. 2013-002 Submitted by Loren Van Der Slik (For Gatlin Development Company) a Request for Preliminary Plat of Shingle Creek Crossing 3rd Addition. Voting in favor: Chair Rahn, Commissioners Burfeind, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its January 28, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Page 3 1-17-2013 DISCUSSION ITEM - INTRODUCTION OF GATLIN DEVELOPMENT'S PROPOSAL TO RECONFIGURE AND PLACE A SHARED SCREENED TRASH DUMPSTER FACILITY BETWEEN BUILDINGS H AND K AND THE ADDITION OF A NEW OUTDOOR SEATING/PATIO AREA FOR BUILDING H Mr. Benetti explained the proposed shared trash enclosure structure located between Buildings H and K would be located over a shared property line. He added a dumpster is considered a structure and would require a PUD amendment since structures cannot be built with a zero lot line. Mr. Benetti further described a request by Gatlin Development to install an outdoor seating area for a proposed Qdoba Mexican Grill restaurant located at the end cap of Building H. He added the proposed change will be presented at a later Planning Commission meeting under a new PUD amendment application. Chair Rahn stated he felt a shared dumpster area with screening would be more desirable than one at each building. He also asked for clarification regarding the layout of the outdoor eating area. Mr. Benetti explained that they are usually screened and fenced in to provide privacy and security for the guests. Commissioner Schonning stated that the dumpster enclosures will need to be structurally sound since they will be visible from the road. Mr. Benetti replied that the dumpster enclosures are secure and will have opaque screening around them. There were no other discussion items. OTHER BUSINESS ELECTION OF 2013 CHAIR By unanimous written ballot vote, Commissioner Rahn was elected Chair of the 2013 Planning Commission. Mr. Eitel provided updates to potential housing projects in the city for 2013. There was no other business. ADJOURNMENT There was a motion by Commissioner Burfeind, seconded by Commissioner Schonning,to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:29 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 4 1-17-2013 ty Of Business and Development XBroo4l Center— Department www.cityofbrooklyncenter.org 6301 Shingle Creek Parkway,Brooklyn Center,Minnesota 55430-2199 Phone 763.569.3300 TTY/Voice 711 Fax 763.569.3494 MEMORANDUM TO: Chair Sean Rahn and Planning Commissioners FROM: Gary Eitel, Business &Development Director Tim Benetti, Planning &Zoning L2�3— DATE: January 31, 2013 RE: Consideration of a Planning Commission Resolution No. 2013-002, recommending approval of the proposed Final Plat of Shingle Creek Crossing 3rd Addition, located in the Shingle Creek Crossing Planned Unit Development Please see attached for the Planning Commission's review the proposed Final Plat of Shingle Creek Crossing 3rd Addition. The preliminary plat of this same subdivision was reviewed by the Planning Commission at the January 17, 2013 meeting, whereby a unanimous recommendation was provided to the City Council. The City Council is scheduled to review the same preliminary plat at the January 28, 2013 regular meeting. This final plat has been reviewed by city staff and found to be in true conformance with the approved preliminary plat and is therefore recommended for approval. A draft resolution recommending approval has been prepared and made part of this submittal item. Subject to the outcome of this Planning Commission review, this final plat is scheduled to be presented to the City Council at the February 11, 2013 regular meeting for final consideration and approval. If you have any questions or comments prior to the meeting, feel free to call planning staff at (763) 569-3335. Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-02 RESOLUTION REGARDING A RECOMMENDATION OF APPROVAL OF THE FINAL PLAT OF SHINGLE CREEK CROSSING 3rd ADDITION LOCATED WITHIN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT PROJECT SITE AS SUBMITTED BY LOREN VAN DER SLIK ON BEHALF OF GATLIN DEVELOPMENT COMPANY WHEREAS, Planning Application No. 2013-002 was submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 3rd ADDITION, which is a replat of 6 lots generally located inside the new Shingle Creek Crossing Planned Unit Development project site, (Subject Site); and WHEREAS,the Planning Commission held a duly called public hearing on January 17, 2013, whereby the Preliminary Plat of SHINGLE CREEK CROSSING 3rd ADDITION was given due consideration, a staff report was presented, a public hearing was opened to allow for public testimony regarding the preliminary plat, and the Planning Commission subsequently adopted Planning Commission Resolution No. 2013-01, which recommended the City Council approve said Preliminary Plat of SHINGLE CREEK CROSSING 3rd ADDITION and; WHEREAS, the City Council, at its January 28, 2013 meeting also considered Application No. 2013-002 and received the recommendation made by the Planning Commission, and in light of all testimony received and affirmed the Planning Commission's recommendation, and adopted City Resolution No. 2013- , which approved the Preliminary Plat of SHINGLE CREEK CROSSING 3rd ADDITION, subject to the following considerations: 1. The Developer will submit for the upcoming PUD Amendment No. 4 an updated and overall master plan for the site which includes all new or proposed lot line changes, building configurations, parking plan layouts, landscaping, and other relevant plan updates. 2. The Developer must submit an updated Preliminary Plat, which is consistent with and conforms to the approved Shingle Creek Crossing — Amendment No. 1 Master Plan. 3. Any easements that need to be vacated under this platting process as determined by the City Engineer, must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits signed by a licensed surveyor. 4. If the preliminary plat and/or final plat noted herein undergo any significant changes or revisions between this preliminary plat approval 1 of 3 and future final plat consideration by the City Council, the Preliminary Plat [and Final Plat] will be sent back to the Planning Commission for additional review and consideration. 5. The recommendations and conditions as noted in the City Engineer's review memorandum, dated January 11, 2013 must be addressed or complied with as part of any final plat approvals. 6. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 7. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 8. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). AND NOW WHEREAS, Loren Van Der Slik, on behalf of Gatlin Development Company, has submitted an application for the FINAL PLAT of SHINGLE CREEK CROSSING 3rd ADDITION, which remains the replat of 6 lots generally located inside the new Shingle Creek Crossing Planned Unit Development project site, and WHEREAS, the Planning Commission considered the Final Plat of SHINGLE CREEK CROSSING 3rd ADDITION at the January 31, 2013 meeting, at which time a staff memorandum and supporting documentation of said final plat was presented; and WHEREAS, the Planning Commission determined during its review that said final plat to be in general conformance with the approved Preliminary Plat of SHINGLE CREEK CROSSING 3rd ADDITION, that all conditions have been or will be met by the Applicant prior to release by the City of the final plat for recording purposes; and the final plat is in general conformance with City Code Chapter 15—Platting. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council of the City of Brooklyn Center, that the Final Plat of SHINGLE CREEK CROSSING 3rd ADDITION, as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company,be approved,that all conditions noted under City Resolution 2013-01 remain in effect and subject to completion by the Applicant. January 31, 2013 Date Chair 2 of 3 ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof: Chair , Commissioners and and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 3 of 3 SHINGLE CREEK CROSSING 3R0 ADDI T/ON 1R.T. Doc7NO. BROOKLYN CENTER, MINNESOTA KNOW ALL PERSONS BY THESE PRESENTS: That Shingle Creek, LLC, a Delaware limited liability company, owner and proprietor of the following described property situated in the County of Hennepin, State of Minnesota, to wit: This plat of SHINGLE CREEK CROSSING 3RD ADDITION was approved and accepted by the City Council of Brooklyn Center, Lots 2, 3, 6, 7, 8 and 9, Block I, all in SHINGLE CREEK CROSSING, Minnesota, at a regular meeting thereof held this ------day of__----------- 20___. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received Has caused the same to be surveyed and platted as SHINGLE CREEK CROSSING 3RD ADDITION and does hereby dedicate to by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as the public, for public use forever, the drainage and utility easements as shown on said plat. provided by Minn. Statutes, Section 505.03. Subd. 2. In witness whereof said Shingle Creek, LLC, a Delaware limited liability company, has caused these presents to be signed by CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA its proper officer this —_—_day of —-------------- 20—__ Signed: Shingle Creek, LLC, a Delaware limited liability company By. Shingle Creek MM, Inc., a Delaware corporation; its Managing Member BY:-------- ----------Mayor BY:-------------------------Manager SIGNED:-----------—----------its Sole Regular Director Franklin C. Gatlin III TAXPAYER SERVICES DEPARTMENT, Hennepin County, Minnesota STATE OF ___________ I hereby certify that taxes payable in 20___and prior years have been paid for land described on this Plat, dated this COUNTY OF -------—_ _____ day of 20-- The foregoing instrument was acknowledged before me this _____day of ______________ _, 20___, by Franklin C. Gatlin III the Sole Regular Director of Shingle Creek MM, Inc., a Delaware corporation, as Managing Member of Shingle Creek, LLC, a Delaware limited liability company, on behalf of said company. Mark V. Chapin, Hennepin County Auditor BY:_____________ __Deputy -- ---------------- Julie Y Public,- ------K. P Notar _____County. -------------- SURVEY DIVISION, Hennepin County, Minnesota My Commission Expires September 24, 2013 Pursuant to Minnesota Statutes, Sec. 3838.565 (1969), this plat has been approved this _____ day of I, Mark S. Hanson, do hereby certify that this plat was prepared by me or under my direct supervision; that I am o duly Licensed Land Surveyor in the State of Minnesota: that this plot is a correct representation of the boundary survey, that all mathematical data and labels are correctly designated on the plot; that all monuments depicted on the plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section BY:--------------------------------- _ 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and William P. Brown, Hennepin County Surveyor labeled on this plot. Dated this_____day of ---------—----- 20__ REGISTRAR OF TITLES, Hennepin County, Minnesota ------------- Mark S. Hanson, Licensed Land Surveyor Minnesota License No. 15480 1 hereby certify that the within plat of SHINGLE CREEK CROSSING 3RD ADDITION was filed in this office this __ _day of ------------ 20---of ------ o'clock __.M. STATE OF MINNESOTA COUNTY OF HENNEPIN Rachel Smith, Acting Registrar of Titles BY:__________________ Deputy ut y This instrument was acknowledged before me on this _____day of__—------------ 20---• by Mark S. Hanson. ----------------------------------- Notary Public, ______County Minnesota My Commission Expires ----------—------- ISSUNDE sBENT i of z SAMM R.T. DOC. N0. \/ Z'l\C_.i /VV AIL-/I% T /1�Jn/ /TA AI 7�n7 L)A A A /^/T SHINGLE CREEK CROSSING 3RD ADDIT/ON - A ��A vc S89'4354 E 449.38 s / /3368 252.03 "1 e� _ N 5 _< UTILIT DRAINAGE Y ` OY., fr pia " 1 v 141 �. do I °° /5480 EASEM -Se ENT l\ 22440 5 �?ss?p fj7.17" 1{' ;: p'k I-lT2—'; CJ� oN i0941 o �Z i 11&�.. 5 " o� ; 69' N RN2C v-O *� 4964 35°•v N_a cc n`\ Nss�9,B W 3tiy eJ9 $2749'13"E N14°38'03'W\ ° n '-43.49 J ° m to yap°k1°E p42•`j0 �0 ° R= 800 062 1�3 eZ j0 G\\ 2 0-10' loo 0 0o zoo �J eC \ O 3620 _\Syl°34151 E V- C.BRC'S73°°3522 W SCALE IN FEET °.r�✓ L) \• "� mss° ° N24'3'08 E l\l��° > rJ633 o �48.29.. ------- O DENOTES IRON MONUMENT SET, �� \ $4• \ MARKED WITH PLS 15480 • DENOTES IRON MONUMENT FOUND MARKED WIT DRAINAGE UNLESS WSHOWN. h UT LTY PLS 15480, EASEMENT �^ FOR THE PURPOSES OF THIS PLAT, THE WEST LINE OF SECTION 2, TOWNSHIP 118, RANGE 21 IS ASSUMED TO HAVE A BEARING OF Al N01°06'35"E. (� V- \ NN 'r1 \p3T J NNN 1 J O 1 NAIL R R V; Z - W S !• Kti h N G DRAINAGE 1 EASEMENT wp\ y�y y�y b f�j1n89`1•/-e^ �� U ter•) i?v r `!•� 1 SE CORNER J.. r SEC T. /at R 21 R 1 �(� ___.SW CORNER O \�\0 .'Y �._ SEC 2 T. //E R.21 1 '7 \.•J i FOCNO HENNNERN COYMTY Yy, CAST SON A/QVUVENT 1 JISUNDE LAND SURVEI'IIVG SS2M8TT 2 OF$Z� L Citify of Business and Development X.BrooHyv tenter Department www.cityofbrooklyncenter.org 6301 Shingle Creek Parkway,Brooklyn Center,Minnesota 55430-2199 Phone 763.569.3300 TTYNoice 711 Fax 763.569.3494 MEMORANDUM TO: Chair Sean Rahn and Planning Commissioners FROM: Gary Eitel, Business & Development Director Tim Benetti, Planning & Zoning Specialist DATE: January 31, 2013 RE: Agenda Item No. 7.a—Proposed Amendment to City Code Chapter 34- SIGNS, by allowing "Dynamic Message Signs"to certain Public and Semi-Public uses located in residential districts. Introduction Planning staff has prepared and attached for the Planning Commission's initial consideration and discussion, a proposed amendment to City Code Section 34- SIGNS. The information contained herein is related to a request to amend certain requirements pertaining to dynamic message/illuminated reader- board type signs in the community. This information contains background information; proposed ordinance language; a comparison (matrix) of other cities' ordinances; and a recommendation of what steps the PC should take next. Backttround A few weeks ago, a local sign vendor approached city planning staff requesting to replace and install a dynamic message board sign at the Evergreen Park Elementary School site, located at 7020 DuPont Avenue North. Staff informed the vendor these types of signs are prohibited to school uses, and more specifically in all residential districts. The vendor made a follow-up request to the City Council to consider an ordinance amendment to allow such signs to public or institutional type uses. A few days following this initial meeting with the vendor (and completely separate from this first request), a local church located on Brooklyn Boulevard approached city staff requesting a similar type dynamic message board sign for their use. They too were told the city Sign Ordinance does not allow for these types of signs, due in large part to the fact they are located in the RI (One Family Residence) District. At the January 14, 2013 City Council Work Session, city staff presented a separate memorandum to determine if Council would be interested in proposing such an amendment; and if so, discuss options of allowing Dynamic Message type signs to certain public and semi-public uses, such as churches, schools, city hall, and including those uses located in residential zoned areas. The Council was "generally" supportive of this request and directed city staff to present this matter to the city's planning commission for formal consideration. Sisn Ordinance Standards In 2003, the City Council amended the sign ordinance to include provisions for Dynamic Message Signs. The definition as noted in our ordinance is as follows: Sign, Dynamic Message: a dynamic messages sign, "DMS" also known as a changeable message sign, variable message sign or other similar name is an electrical or electro mechanical sign on which a message may be placed which can be changes remotely or on site through hard wire or wireless communications. Pursuant to City Code Sect. 34-140, Subd. Lk. "A dynamic messages sign "DMS," is permitted only in the C2, I-1 and 1-2 Districts. A DMS is also subject to the requirements of Section 34-140.3.A of this ordinance. A DMS message must remain constant for at least two seconds when such sign is in use." City Code Section 34-140, Subd. 3.A provides for the general sign standards, types & sizes for those signs allowed in the C2, I-1 and 1-2 districts. In 2008, the City Council reviewed the sign ordinance relating to flashing, rotating, and DMS signs, which resulted in the following amendments to the Sign Ordinance: Section 34-110-Definitions: Sign, Flashing—Any illuminated sign on which the artificial light or color is not maintained at a constant intensity or color when such sign is in use including signs incorporating zooming, twinkling, fading or chasing actions. A Dynamic Message Sign or that portion of a sign providing public service information such as time, weather, date, temperature or similar information shall not be considered to be a flashing sign." Sign, Rotating—A sign or portion of a sign which turns about on an axis. Signs prohibited in all districts are identified under City Code Section 34-130 - Prohibited Signs. Under this Sect. 130- Subd. 4, it specifically states: "Flashing signs including indoor signs which are visible from the public streets and rotating signs." City staff has maintained that any dynamic message sign that flashes, has any motion or movement, or changes colors inside the 2-second message, does not meet these Sign Code requirements and are prohibited. Section 34-140 — Permitted Signs; Subd. 3.1) contains the standards for signs allowed to "Public and Semi-Public Places (All Districts)", which are limited to the following: 1. Churches, synagogues and temples may have the following signs: a. One freestanding sign with the sign area not to exceed 36 square feet. The sign shall not extend more than 10 feet above the ground level. There may be a second such sign if the use abuts two or more streets. Properties entitled to a second freestanding sign may elect to erect a single freestanding sign not exceeding 72 square feet in area nor 15 feet in height. b. One wall sign not to exceed 36 square feet. C. One wall sign immediately above or beside each public entrance to that part of the building which is used as a school and meets the requirements of the Minnesota Department of Education, or as a day care facility and is licensed by the Minnesota Department of Public Welfare. The sign area shall not exceed 10 square feet. 2. Other public and semi-public uses, including private clubs and lodges. a. Freestanding signs as specified above for churches, synagogues and temples. b. One wall sign,the maximum area not to exceed 36 square feet. As noted herein, DMS type signs are only allowed in the C2, I-1 and 1-2 districts and prohibited in all other districts. The sign standards provided under the above Subd. 3.D.1 restricts Public and Semi- Public Places from the use of electronic message boards to display messages and announcements of events and services. Hypothetically, if a school or church happened to be located in one of these permitted zoning districts (i.e. C2, 1-1 and 1-2), a DMS would be allowed under the provisions of the Ordinance. However, as it stands, the Evergreen School and many other schools and churches throughout our community are located in single-family residential districts, and therefore a DMS sign is prohibited. Public and Semi-Public Places should include uses such as schools, places of worship, city hall, the community center, Hennepin County library, and others. City Code however, is silent or absent of what exactly constitutes a "Public" or Semi-Public" use or place. In such cases where this may come into question, this determination is either made by the Zoning Administrator or City Council. City staff has found no record if this was ever questioned or determined in certain cases. Proposed Amendment Language The sign vendor provided to city planning staff and also for the Planning Commission's consideration, a proposed language amendment, which is noted as follows: Section 34-140.1.k. amended to read as follows (note: new text is underlined/highlighted text and deleted is struek thfough-text): k. A dynamic messages sign "DMS," is permitted for commercial uses enty in the C2, 1- 1 and 1-2 Districts and for noncommercial uses in all districts. A DMS is also subject to the all applicable requirements of Seetie~ 34 '^".3.^ of this ordinance for the district in which such signs are placed. A DMS message must remain constant for at least two seconds when such sign is in use. DMS signs within 50 feet of a single family residence shall be turned off or programmed to go blank between the hours of 10 p.m. and 6 a.m. daily. All DMS shall come equipped with automatic dimming technology that automatically adjusts their brightness in direct correlation with ambient light conditions. No DMS sign shall exceed 0.3 foot candles above ambient light as measured from a preset distance depending on sign size. Measurement distance shall be determined using the following equation: the square root of the product of the sign area and one-hundred. Example using a 12 square foot DMS: �(12 x 100)= 34.6 feet measuring distance. Upon Planning Staff's review of this language, we have concluded the language is suitable to some degree, but not entirely acceptable. We suggest the following modifications to be discussed and considered: k. A dynamic messages sign "DMS," is permitted e* in the C2, 1-1 and 1-2 Districts and for Public and Semi-Public Places in all Districts). A DMS is also subject to the all applicable requirements of Seefie„ 34 '^".3." of this ordinance for the district in which such signs are placed. A DMS message must remain constant for at least two seconds when such sign is in use. A DMS within a residential zoned district or within 50 feet of a single family residence shall be turned off or programmed to go blank between the hours of 10 p.m. and 6 a.m. daily. All DMS shall be equipped with dimming technology that automatically adjusts their brightness in direct correlation with ambient light conditions. City staff is neutral to the idea of keeping or adding the "technical" specifications to the standards (noted below), but would like the Commission to weigh in and make a determination during your deliberation on this subject. No DMS shall exceed 0.3 foot candles above ambient light as measured from a preset distance depending on sign size. Measurement distance shall be determined using the following equation: the square root of the product of the sign area and one-hundred. [Example using aquare foot DMS: x02 x 100) = 34.6 feet measuring distance.] The Planning Commission may also wish to consider allowing all or certain uses under the C1 (Service/Office) and CIA (Service/Office) Districts the ability to display DMS type signs in these related commercial districts. These uses have similar office and service type uses that the C2 allows, and it may make sense to allow DMS to these same uses in these districts. Staff has provided for your review a City Street Map that identifies the locations of all public buildings/facilities , all local schools (7) and local churches (24) scattered throughout the city. Behind this attachment is a City Zoning Map that has all these uses circled for your review. Recommendation The first question staff requests the Planning Commission consider is whether or not you collectively support a proposal to allow dynamic message signs (DMS) in other zoning districts other than the C2- I- 1 and I-2 districts, specifically for Public and Semi-Public Uses/Places. If not, the Commission should direct City Staff to prepare a response to the City Council which rejects any sign code amendment at this time, and proceed under the current ordinance standards. If you wish to proceed or wish to have this item addressed under a public hearing process, Staff recommends the Planning Commission direct city staff to set a public hearing date for the February 28, 2013 meeting. At this meeting, Staff will have a draft ordinance and language ready for consideration and action, and which would allow public input as necessary. Staff would also note that under City Zoning Code Section 35-310, Subd,2, the following are listed as special uses under the R1 (One Family Residential) District: 2. Special Uses a. Chapels, churches, temples and synagogues, provided primary vehicular access shall be gained to the uses by a collector or arterial street. b. Public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, provided primary vehicular access shall be gained to the uses by a collector or arterial street. C. Golf courses and accessory buildings essential to the operation of a golf course. d. Cemeteries. e. Publicly-owned structures, other than poles and underground facilities in easements or in rights-of-way of public streets or alleys. f. Special home occupations as defined in Section 35-900. g. Other, noncommercial uses required for the public welfare in an R1 district, as determined by the City Council. City staff is recommending that the Commission consider a new definition or listing of what a Public/Semi-Public Use or Place is in order to provide clarification and applicability of future sign applications. The attachments to this memo report contain a comparative matrices of select cities with similar allowances or provisions for DMS' in their respective sign ordinances. Staff recommends the Commission review these standards and provisions; determine what, if any provisions the Commission may want staff to investigate further or possibly incorporate into any proposed language amendment; and review and consider the provisions provided for under this Staff Memo Report by city planning staff. If you have any questions prior to next Thursday night's meeting, please feel free to call Gary at 763.569.3305 or Tim at 763.569.3319 (email GEitel@ci.brooklyn-center.mn.us or TBenetti c�r�,ci.brooklyn-center.mn.us). CITY Allowed Restrictions Brooklyn Park Yes 2 minute hold time on messages Champlin Yes, by Conditional Use 10 second hold time Permit only Sign must be 100'from residential property Light monitors Sign must be off between 9 pm and 7 am Crystal Yes Electronically or electrically controlled readerboards that provide time and temperature, public service information,or on-site advertising are permitted provided that the sign: 1) meets all the requirements of this section; 2) displays a given copy or graphic image for a minimum of three seconds within the readerboard frame; 3) is either a wall, free-standing or monument sign and when the readerboard is to be included in a wall,free- standing or monument sign,the area of the readerboard may not exceed 50% of the total area of the sign in which it is integrated, or 50 square feet, whichever is less, and only one readerboard per premise is allowed; and (Amended, Ord. No. 2007-18,Sec. 1) 4) displays a static message with no fade, dissolve, scrolling, spinning or zooming action. (Added, Ord. No. 2007-18,Sec.1) Fridley Yes, by Special Use Must be 50'from residential Permit only Sign must be perpendicular to road -45 second hold time on messages Golden Valley Yes, but very limited B. Electronic signs having a message that changes more than once per 24-hour period,except those portions of an electronic sign displaying only the time and/or temperature. No electronic sign displaying the time and/or temperature shall blink,flash,or change in any manner whatsoever,except to display the changing time or temperature. No electronic sign displaying the time and temperature shall rotate or flash back and forth between the same. Maple Grove Yes Must meet code allowed in area Maplewood Yes, but limited Changeable copy message boards only in residential areas (1) business commercial (BC) or heavy or light industrial (M-2 and M-1)zoning districts only. (2) static and maintained for a minimum of two minutes; (3) Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than 50 percent of the total square footage of said sign face. (4) Must be located at least 200 feet from any property where there are structures used for residential purposes or from any park or open space land use district. (5) Must be located at least 100 feet from any side property line. (6) Display and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises only or which give public service information. New Hope Yes d. Government buildings and structures, public, quasi-public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions such as churches, chapels, temples and synagogues shall be allowed the following signs: 3. One changeable copy sign per property, provided it meets the following: i. Changeable copy signs may be a wall, freestanding or monument sign provided it meets the sign area, height, and setbacks of the respective zoning district. ii. The images and messages displayed on changeable copy signs must be static and the transition from one static display to another must be instantaneous without any special effects with the exception of a scrolling monochromatic message on a single color dark background. iii. Changeable copy signs may change their message no more than once every five seconds. iv. The illuminated face of a changeable copy sign shall be no closer than 100 feet from any residential use unless they are screened from the adjoining residential property. v. Illumination of the sign face does not exceed 500 lumens per square foot of the sign face measured one foot from the sign face. vi. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed 500 lumens per square foot at the sign face measured one foot from the sign face. vii. Glare from illuminated signs shall not exceed one foot candle measured at the centerline of a public street or at the property line of an adjoining residential property. viii. Changeable copy signs shall not be permitted as window signs. Plymouth Yes Copy Color amber or white only Sign must be off between 10:30 pm and 6:00 am Shoreview Yes (8) Message Center. The changeable copy portion of the sign must be accompanied by the name of the building or facility. Said name shall be displayed in an individual-letter format in letters that dominate all other names and graphics on said sign. Message Center signs are permitted only when integrated into a freestanding sign on the site of an approved Public/Quasi-Public use,except as otherwise permitted for Gas Price Display signs. (a) In Business and Industrial Districts, Message Center signs are permitted on the site of an approved Public/Quasi-Public use, provided the maximum area of the changeable copy shall not exceed 30-square-feet of area in a C2,General Commercial, C1, Retail Service District, OFC,Office District,or BPK, Business Park District,and not more than 20-square-feet of area in a C1A, Limited Retail Service District (b) In Residential Districts, Message Center signs are permitted when displayed on the site of an approved public or quasi-public land use, provided the changeable copy sign does not exceed 20 square feet of area, unless it faces an arterial roadway, in which case up to 30 square feet of message center sign area may be permitted. (c) Duration. In non-residential districts,any portion of the message must have a minimum duration of one hour and must be a static display. In residential districts any portion of the message must have a minimum duration of two hours and must be a static display. In all districts, no portion of the message may flash,scroll,twirl, change color,fade in or out or in any manner imitate movement. (d) Color. In residential districts,all portions of the sign shall use an amber color. (e) Limited Text. The text of the sign must be limited to allow passing motorists to read the entire copy with minimal distraction. (f) Audio or pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited in association with an electronic changeable copy sign. (g) Brightness. The sign must preset by the manufacturer not exceed a maximum illumination as measured from the sign's face at maximum brightness of 5000 nits(candelas per square meter)during daylight hours and a maximum illumination of 500 nits(candelas per square meter)for the time period between one half-hour before sunset and one half-hour after sunrise. Notwithstanding the manufacturer's preset,sign brightness shall comply with the requirements of Section 208.030(B). White Bear Lake No—Dynamic Displays Limited to 70%of allowed signs Yes-Changeable Copy Signs MONUMENT OPTION: A - No Scrolling Text - Automated Dimming Used - No Flashing 'MIS PPW Approved Production Will Not Begin Until Revise& (DIORDIS CIAINFR:Due tovanancesamong As Is: Signed Approval Is Fazed Back. (Nor monaors and punters.the colors l.."-.3l amear on your screen or as printed may not be exact. r Drawing 1. 1' Anoka Hennepin ISD.ai Greg Rendall 952.908.9130-GregR@Sign-Source.(om Krystal Prueser 952.908.9132-KrysP@Sign-Sour(e.(om Tom Schommer 952.908.9111-Toms @Sign-Sour(e.com e27460 @27460 Anoka Hennepin ISD.ai r A-Z Tom's Ma( q Rev.2:Rev6ed Pole(over Rev.3.Uanged Colas 8 Rate neught Rev.4:- Rev.5:- Rev.6:- Rev.1:- Rev.8:- Rev.9:- Rev.10- SIGNSOURCETM 7660 Quattro Drive Chanhassen,MN 55317 www.sign-source.com Fax: 952.908.9153 94.00 in 65.50 in Poles-Center to Gentar i r— 24,00 in 16.00 in r 4.00 16.00 in I r— 16.00 In —1 in 4.00 m I 4.001n 5.50 in 2-Sided Monument Sign w/Message Center 30.00 in Everg Par 24.50 in Materials&Substrates: M91 WORLD CULTURES COMMUNITY SCHOOL O Top adnet is internally fluorescent J litwldigitallyprintedfaces-Painted Wad DIV.8)24"Vert.Bulbs. ©DaNbonia2 sided message center "x21" 190 -Pon Color 25.00 in AF 3SOo-32X112 '� 7p3.5c0117 i nA fi.•�4 :aFll; i ©FabricatedAlundnum Pole Shrouds I i fabricated aluminum pole shrouds 24.00 in - II Oty.2)4"x 4"x 3/16"Wall Sq.Steel Tubes 1 Set in 24"x R"(onaele Footer 'MIS PPW Approved Production Will Not Begin Until Revise& (DIORDIS CIAINFR:Due tovanancesamong As Is: Signed Approval Is Fazed Back. (Nor monaors and punters.the colors l.."-.3l amear on your screen or as printed may not be exact. r Drawing 1. 1' Anoka Hennepin ISD.ai Greg Rendall 952.908.9130-GregR@Sign-Source.(om Krystal Prueser 952.908.9132-KrysP@Sign-Sour(e.(om Tom Schommer 952.908.9111-Toms @Sign-Sour(e.com e27460 @27460 Anoka Hennepin ISD.ai r A-Z Tom's Ma( q Rev.2:Rev6ed Pole(over Rev.3.Uanged Colas 8 Rate neught Rev.4:- Rev.5:- Rev.6:- Rev.1:- Rev.8:- Rev.9:- Rev.10- SIGNSOURCETM 7660 Quattro Drive Chanhassen,MN 55317 www.sign-source.com Fax: 952.908.9153 _ g U vmoez+cwn� _ _ c 4 7 i 4 x N o C a mas+is g3 �C !T mnx 5 m�onv[v w 1FNMFn , n 1 j5T„- P R LAKE PARK 8 sinvEx A/l�%�„� n m < �w,rEn — _ _ i z � cwErery � �•, vcans F ; � Q m v = m /I S mm � 8 `4 m `"vxEVn` _ �� s.new/ '•__- n z ix n� / m _ �,xwEx m Po bb,x�x _ vv wNOw i Ifs v 'j4 m reM an<n k II x p m mTM m° °N F � — _.....,. 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