HomeMy WebLinkAbout2013 04-25 PCP Cite of
BROOKLYN
CENTER
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
APRIL 25,2013
1. Call to Order: 7:00 PM
2. Roll Call
3. Approval of Minutes—April 11,2013 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. Planning Application Items (public information and input)
a) City of Brooklyn Center Ordinance Amendment
Proposed Ordinance Amendment to Chapter 34 (Signs) and Chapter 35 (Zoning)
of the City Code of Ordinances regarding the allowance of dynamic message signs
(DMS) to public places and uses, and adding new definitions of"Public Uses" to
the City Code.
(TABLED- from the April 11, 2013 meeting - allowance for public input may be
considered on this item)
6. Planning Application Items without public hearing) —None
7. Action Items—None
8. Discussion Items—None
9. Election of New Chairperson for 2013
10. 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
APRIL 11, 2013
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Rahn at 7:03 p.m.
ROLL CALL
Chair Sean Rahn, Commissioners Scott Burfeind, Randall Christensen, Michael Parks, Carlos
Morgan and Stephen Schonning were present. Also present were Councilmember Carol Kleven,
Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary
Eitel, and Planning Commission Recording Secretary Rebecca Crass. Benjamin Freedman was
absent and excused.
APPROVAL OF MINUTES —FEBRUARY 28, 2013
There was a motion by Commissioner Burfeind, seconded by Commissioner Schonning, to
approve the minutes of the February 28, 2013 meeting as submitted. The motion passed.
CHAIR'S EXPLANATION
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,
the Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
CITY OF BROOKLYN CENTER ORDINANCE AMENDMENT (CHAPTER 34 - SIGNS)
Mr. Benetti stated the Commission would be conducting a public informational meeting
regarding the proposed ordinance amendment related to dynamic message signs and new
definitions to the City Code. He added the Planning Commission has generally supported the
concept of allowing DMS type signs in Public/Semi-Public places and supports including new
definitions of what constitutes a Public Use.
Mr. Benetti stated the ordinance amendment is being discussed at the request of Evergreen Park
Elementary School. He provided the background and history involved in the process relating to
the approval of the proposed changes to the Sign Ordinance regarding Dynamic Message Signs.
Mr. Benetti further displayed various dynamic message signs currently located in the city.
Mr. Benetti reviewed the following items initially discussed by the Planning Commission for
consideration:
1. Planning Commission supports allowing dynamic message signs to Public and Semi-
Public Places, with further recommendation the City Council direct city staff to
prepare a draft ordinance to include the following measures:
Page 1
4-11-13
a. new definition or land use term similar to the other communities' ordinances
with regards to "Public" and "Semi-Public"uses;
b. limiting the overall allowable size of any new DMS area or cabinet to no more
than fifty percent (50%) of the maximum allowable signage provided for in
the district where the sign is placed.
c. any DMS in a residential zoned district message must remain stationary or
static for up to one hour or more;
a. any DMS in a residential zoned district must have dimming technology that
automatically adjusts their brightness in direct correlation with ambient light
conditions, and said brightness, and said brightness shall not exceed the
industry standards of 0.3 foot-candles above ambient light as measured from a
preset distance depending on the sign size;
b. any DMS located in a residential zoned district shall be turned off or
programmed to go blank between the hours of 9:00 p.m. and 7:00 a.m. daily.
c. A DMS in a public or semi-public place located in a residential district shall
be placed or allowed no closer than 50-feet to 75-feet from an adjacent
residential lot line.
2. Planning Commission was supportive of a further study to allowing dynamic message
signs to the C1 (Service/Office) and CIA(Service/Office) Districts;
Mr. Benetti further explained the ordinance amendment language being proposed for
consideration by the City Council including a new definition for public uses and the exclusion of
a Semi-Public Use definition. He described the new language included in the proposed
ordinance amendment related to requirements and allowances related to Dynamic Message Signs
operated by a Public Use and located in a residential zoning district including the area of a DMS
sign is limited or equal to 50 % of the maximum allowable size of the sign, the sign must remain
stationary or static for one hour or more, the DMS shall be turned off from 9:00 p.m. and 7:00
a.m., the DMS shall be located no closer than 50 ft. from any residential dwelling and must have
dimming technology so brightness shall not exceed 0.3 foot candles measured from a preset
distance depending on the sign size.
It was emphasized that these recommendations are for residential zoning district, not
commercial.
Commissioner Christensen asked about the 0.3 candle and 50 ft. setback from a residential
dwelling. Mr. Benetti replied that the numbers can be adjusted if it is recommended by the
Commission.
PUBLIC HEARING—ORDINANCE AMENDMENT (CHAPTER 34— SIGNS)
There was a motion by Commissioner Morgan, seconded by Commissioner Parks, to open the
public hearing regarding an amendment to Chapter 34 (Signs), at 7:27 p.m. The motion passed
unanimously.
Chair Rahn called for comments from the public.
Page 2
4-11-13
Pastor Ezra Fagge'Tt, Unity Temple Church, 4801 63`d Avenue N, stated his concern is how
these changes affect pre-existing signs since his church has had a sign for several years. Chair
Rahn replied the intent of the ordinance amendment would not impact the ability to continue
with an existing sign. Mr. Benetti stated that if adopted, the new standards would apply to all
existing signs.
Pastor Fagge'Tt followed up by stating if the sign is already up and running, would they be
grandfathered in or would the changes affect the existing signs He feels it is not possible to get
all messages changed with the one hour static requirements for his church since they have a
variety of messages they are trying to display.
Chair Rahn stated they could reconsider the one hour static requirement. He added this was
originally looked at from the perspective of a resident living next door, how would a constant
changing sign affect them.
Commissioner Parks stated the underlying intent of the Planning Commission is not to prevent
people from having signs but rather have the ability to regulate the signs to avoid too many signs
in the community, particularly in the residential areas. He added the Commission is attempting
to establish certain guidelines that will keep all neighbors happy.
Pastor Fagge'Tt stated they have tried to be a good neighbor and keep their neighbors happy and
hopes no one has complained about their sign. He is concerned that his church gives out the
right message with the ability to change the message more often if something has changed. He
added they are a community church and serve the community with meals as well as worship and
like to be able to send that message through their sign. He feels he would like to be able to
change the message more often than every hour.
Mr. Benetti responded that the concern that was raised by the Commission was that the new
DMS's are now much more affordable and expect to see more of them in the City. Therefore,
the Commission felt it was important to establish guidelines especially in the residential areas.
He added if there were many of these signs up and down an area such as Brooklyn Boulevard, it
could be extremely distracting if all signs were flashing at 2 second intervals. He further stated
that the Council does not wish to address the Commercial zoning districts at this time, rather
only the DMS signs in the residential areas.
Chair Rahn emphasized the distinctions and differences between residential and commercial
areas where they are different requirements for both.
Commissioner Christensen asked Pastor Fagge'Tt how often they change their sign message.
Pastor Fagge'Tt replied their message changes every 8 to 10 seconds but has a different message
than a commercial business would have. He added the 9 p.m. to 7 a.m. blackout of the signs
would be an issue for them since they leave their signs on at all times to encourage people to stop
in when they might need a refuge. He added they would like to be able to keep doing what they
are doing.
Page 3
4-11-13
Chester Dryke, 909 85th Ct, Brooklyn Park, stated he belongs to Brooklyn United Methodist
Church and he is in charge of putting up a new sign at the church and he believes the signs
should be kept on 24 hours a day to keep from damaging the sign. He further asked for
clarification on what size and how many signs the church could have. He added his church is in
a residential zone so could they apply for rezoning to allow the same sign as allowed in
commercial zones? Mr. Benetti replied there has to be a higher need than a sign to rezone a
property and to amend the Comprehensive Plan.
Mr:Dryke stated he is just two blocks from Slim's and if they get the sign he feels so should the
church. He added they have many activities going on and they would like to be able to advertise
all the events taking place. He added the ability to get the message out to people is the reason
they are looking at a DMS since they do a lot of outreach and feels the limitation on changing the
sign every hour is unreasonable if churches are to stay involved in their community.
Greg Rendall, Sign Source, stated he initiated the request for the changes being discussed for a
sign at Evergreen Park School. He also feels the one hour time limit for changing the signs is
unreasonable. He added changing the sign every 10 seconds works best to get the messages out
to the people.
Commissioner Burfeind, asked if turning off a sign damages it. Mr. Rendall replied no, it does
not damage the sign. Commissioner Burfeind stated at the start of this study he was a huge
advocate of the one hour message time change and requiring the signs be turned off at night. He
now realizes that the one hour is maybe too strict but feels the signs should still be turned off at
night since it may detract from the livability of the neighborhood. Mr. Rendall replied that most
signs at schools and churches are illuminated and are on all night. He added that all the signs he
has sold to schools and churches are on all night and he has never received a complaint that they
are too bright or change too often. He also feels that in most cases people like these signs once
they are installed and maintain them and keep them looking nice
Barbara Ferguson, member of Unity Temple Church, stated the sign is a message to the
community and they cannot please everyone. She stated the church sign is a message that brings
souls in to Christ and the signs helps bring people in. She stated she is just trying to figure out
where they are at.
Mark Dischinger, Bass Lake Road, stated he has heard comments regarding these signs with the
Vegas Strip style in the business district. He feels these signs are in the business area and
doesn't feel the churches in the residential areas will look like the one such as the pizza one. He
added he belongs to Brookdale Covenant church and it displays many messages through the
week covering a wide range. He added people mention the reason they are at his church is
because they saw the sign. He further stated don't let DMS be limited to changing once an hour
because it would do a disservice to the church and what it offers.
Victoria from Unity Temple Church referred to a police report map and stated that all along 63rd
Avenue North there is no crime but along 581h Avenue North there is plenty of crime. She said
there is no crime where the lights are on.
Page 4
4-11-13
I
Odell Wilson, Unity Temple Church, stated he is a probation officer and 63rd Avenue N is a dark
street. He added their church was broken into soon after they purchased it. He further stated
they have an abundance of people moving into the communities that are coming out of prison
and have a big difference in backgrounds and the church provides a place to make changes in
people's lives. He feels the sign is a very good thing because the building sits off the street and
with churches the signage would generally be in the front of the church so passerby's would see
it and he doesn't feel that the lights would generally be shining in anyone' s bedroom in the front
of the street.
Eric Fagge'Tt, Unity Temple Church, asked which zoning district his church is located in. Mr.
Benetti replied it is located in the R-1, Residential zoning district.
Catherine Dobie, Unity Temple Church, agrees with everything that has been said. She stated
that if their sign is not posing any issues, will it be grandfathered in. Mr. Benetti replied that
some of the signs that have been identified may have been issued permits and allowed errantly
and now that they are up, it will have to be addressed. He added that he would have to consult
with the City Attorney. Chair Rahn stated that it would be difficult to allow exceptions if they
are establishing a standard.
Mr. Benetti further replied that most likely the signs would be allowed, however, the places with
the signs would be required to meet established standards once they are adopted. He added he
would get further clarification from the City Attorney.
Lily Harrington, Unity Temple Church, stated they had a bus parked on the property and
someone was living out of the bus; they moved it next to the sign, now nobody bothers the bus
anymore. She feels they should be able to keep the lights on 24 hours.
Mr. Benetti explained that the main portion of the light could remain lit; however, the DMS part
of the sign would be required to be turned off. He added the sign vendor says that many schools
turn the DMS part of the sign off at night.
Catherine Williams, Unity Temple Church, stated she is a bus driver and she drives the route by
the church and they see the sign which brings them in. She stated if the sign was off at night,
people would not get the message to come to church.
Stephanie Johnson, Unity Temple Church, stated because of the proximity of the sign, you
cannot see the sign until you drive up close it. She stated that following an emergency call, she
heard the responders say `turn at the sign'. She also says if you turn off the sign your turn off the
message as well as the protection the sign gives
Ezra Fagge'Tt II, Unity Temple Church, is a technician and he stated their sign goes dark at
night and all you see is the message at the bottom of the board. He added the light from the sign
does not reach the house next door and he personally set it to 10 seconds. Further the sign has
amazing technology but he keeps it basic so as to not disturb anyone. He added they have not
had any complaints from the neighbors.
Page 5
4-11-13
Pastor Fagge'Tt stated now that they have heard the reasoning why the signs should be turned
off, he stated they were blessed to have had a sunrise service for people that work over night for
Easter and Christmas and if they signs have to be turned off at night, they would be unable to
inform people of the service times. He added if a school had an emergency and wanted to
advertise an overnight tragedy, they would not be able to if the sign was turned off and leaving
the signs on all the time allows you to get the message out.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Parks, seconded by Commissioner Burfeind, to close the
public hearing at 8:45 p.m. regarding an amendment to Chapter 34 (Signs). The motion passed
unanimously.
The Chair thanked those that came forward to address the Commission and called for further
discussion or questions from the Commissioners.
Commissioner Christensen stated he appreciates the comments from the public and he too is
rethinking his timing and would like to figure out a different way to do that by allowing the signs
to remain on all night but remain static. He also feels the city attorney should be consulted until
further information is gathered.
Commissioner Morgan asked about the grandfathering issue.
Mr. Benetti stated if the Commission feels they would like to get an opinion from the City
Attorney and make a decision at the next meeting that is acceptable. He added that an ordinance
by process is heard at a public hearing by the City Council and once a recommendation is made
by the Commission, it will be reviewed by the City Council for final approval or adoption.
Mr. Benetti further encouraged the Commission to consider the requests made by the public
regarding when the light should be lit or turned off and also the length of time it must remain
static particularly in the residential neighborhoods.
Chair Rahn stated that most lights can be dimmed at night which would eliminate the detriment
to the neighborhoods.
Commissioner Parks stated normally these signs don't face the houses but rather face the street
so they wouldn't be glaring unto a residential property. He added with dimming technology,
they lights could be dimmed between 9 p.m. and 7 a.m.
Mr. Benetti stated there is always ambient light coming from signs and even street lights. The
standard was as long as the ambient light conditions do not exceed 0.3 foot candles, they would
be allowed.
It was the general consensus of the Commission to direct staff to further research the
grandfathering-in issue, the time to turn the message off and the length of time a sign must stay
static with further review by the Commission at the April 25, 2013 meeting.
Page 6
4-11-13
ACTION TO RECOMMEND TABLING OF AN ORDINANCE AMENDING CHAPTER 34
(SIGNS)
There was a motion by Commissioner Burfeind, seconded by Commissioner Christensen, to
table an Ordinance Amending Chapter 34 (Signs).
Voting in favor: Chair Rahn, Commissioners Burfeind, Christensen, Morgan, Parks and
Schonning
And the following voted against the same: None
The motion passed unanimously.
The Planning Commission will reconsider the ordinance amendment at its April 25, 2013
meeting.
APPLICATION NO. 2013-002 LOREN VAN DER SLIK/GATLIN DEVELOPMENT
Chair Rahn introduced Application No. 2013-002, consideration of a Final Plat of Shingle Creek
Crossing 3`d Addition, located in the Shingle Creek Crossing PUD properties.
Mr. Benetti stated the final plat has been reviewed by city staff and found to be in true
conformance with the approved preliminary plat. The original recommendations and conditions
made under the preliminary plat resolution still remain, with the exception of the lot line
adjustment recommendation between Lots 3 and 4.
Commissioner Morgan asked about the change to Lot 4 and Lot 5. Mr. Benetti explained that
the building on Lot 4 was downsized which created a shift in parking and allowed for a change to
the layout of the two lots.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION
NO. 2013-02 REGARDING A RECOMMENDATION OF APPROVAL OF THE FINAL PLAT
OF SHINGLE CREEK CROSSING 3' ADDITION LOCATED WITHIN THE SHINGLE
CREEK CROSSING PLANNED UNIT DEVELOPMENT PROJECT SITE AS SUBMITTED
BY LOREN VAN DER SLIK ON BEHALF OF GAITLIN DEVELOPMENT COMPANY
There was a motion by Commissioner Parks, seconded by Commissioner Christensen,
to a pp rove
Planning Commission Resolution No. 2013-02 Regarding A Recommendation of Approval of
the Final Plat of Shingle Creek Crossing 3`d 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.
Voting in favor: Chair Rahn, Commissioners Burfeind, Christensen, Morgan, Parks and
Schonning
And the following voted against the same: None
The motion passed unanimously.
The Council will consider the application at its April 22, 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 7
4-11-13
OTHER BUSINESS
Chair Rahn stated he has been on the Commission for 15 years and the Commission gave him
experience in community involvement. He stated it is important to have local impact on
participation and it is important for Commission members to be engaged by viewing the site of a
project and do the research especially when the public is present. He encourages the
Commission to continue to be active and noted the City Council takes the Commission's
responsibility seriously. He's learned the most from working with the Commission and the staff
and thinks the city is resilient and will continue to move forward.
Commissioner Schonning and Commissioner Burfeind stated that they appreciate Sean's
professionalism and experience and commitment to the Commission as well as the respect he
shows others.
Commissioner Parks stated he appreciates Sean's experience and knowledge and the long time
spent on the Commission has benefited everyone.
Commissioner Christensen stated he is a new member and also appreciate Sean's participation
on the Planning Commission.
Commissioner Morgan stated he appreciates Sean's participation and wishes him well.
Councilmember Kleven stated she has learned a lot from the Commission and wishes Sean the
best.
Mr. Benetti provided a flyer and encouraged the Commission to attend one of the Land Use
Planning Workshops taking place in 2013.
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Christensen, seconded by Commissioner Parks, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
9:30 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
Page 8
4-11-13
Cjry of Business and Development
BrooM Xyn 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: Brooklyn Center Planning Commission
FROM: Gary Eitel, Business & Development Director
Tim Benetti, Planning & Zoning Specialise
DATE: April 25, 2013
RE: CONTINUATION - Agenda Item No. 5.a — Proposed Ordinance Amendment to
Chapter 34 (Signs) and Chapter 35 (Zoning) of the City Code of Ordinances regarding
the allowance of dynamic message signs (DMS) to public places and uses, and adding
new definitions of"Public Uses to the City Code.
Introduction
At the April 11, 2013 meeting, the Commission conducted a public informational meeting
(public hearing) of the proposed ordinance amendment related to dynamic message signs. After
testimony from sign vendors and various stakeholders in the community, it was the general
consensus of the Commission to direct staff to further research the "grandfathering" issue of non-
compliant signs; the length of time a message or sign must stay static; and the duration or time-
limits a sign can remain active. The Commission moved to table this matter to this April 25,
2013 meeting.
Updated Information
"Grandfathering issue.... "
The City Attorney has stated that any new ordinance adopted by the City Council, which in
effect creates new or additional sign standards, would be applicable to all existing and new signs.
Any current sign classified as non-conforming due its existing condition, as regulated by the
current Sign Ordinance remains non-conforming, unless the new ordinance provides additional
or favorable standards which make the sign no longer non-compliant.
In effect, if a monument style, internally lighted cabinet sign were currently non-conforming due
to a setback encroachment, that sign would not be allowed to transition or improve to a DMS due
to this nonconforming status. Furthermore, if a current electronic DMS or similar sign is
operational in a district or on a property that currently does not allow this type of sign, the
"grandfathered" right does not apply or provides immunity from the current sign ordinance
standards.
As evident by the site photos taken by Planning Staff of a number of dynamic message type
signs throughout the community, especially among a few church and public schools, some of
these signs could be classified as non-conforming. Permit records indicate these signs were
issued by the City, and may have not been deemed a true DMS at that time. Even if the city
mistakenly issued a permit to a property with an operational DMS, that sign is still considered
non-conforming, and the "grandfathering" label does not change the legal status of such signs.
However, this status may change or is no longer applicable if the new ordinance allows or
provides standards to make these signs legal and conforming to Code.
"Length o Messy e.... "
The table below is a condensed version of the previous table/matrix city staff presented a few
months ago. Research indicates the timing or length of messages allowed by these other cities is
from 3-seconds to 24-hours.
Brooklyn Park -2-minute hold time on messages
Champlin -10-second hold time
-Sign must be off between 9 pm and 7 am
Crystal -a minimum of 3-seconds within the readerboard frame;
-displays a static message
Fridley -45-second hold time on messages
-Must be 50'from residential
Golden Valley -message that changes more than once per 24-hour period,except
displaying only the time and/or temperature.
Maple Grove Must meet code allowed in area
Maplewood -static and maintained for a minimum of 2-minutes;
-200 ft.from any structures for residential purposes or from any park
or open space land use district.
New Hope -once every 5-seconds
-images and messages must be static
-100 feet from any residential use unless they are screened from the
adjoining residential property.
Plymouth Copy Color amber or white only
Sign must be off between 10:30 pm and 6:00 am
Richfield -60-seconds/static message
-Time/date/temp may change every 3-seconds
Shoreview -non-residential districts: 1-hour and must be a static display.
-residential districts: 2-hours and must be a static display.
-no portion of the message may flash,scroll,twirl,change color,
fade in or out or in any manner imitate movement.
-residential districts,sign shall use an amber color.
White Bear Lake Limited to 70%of allowed signs
It was apparent from the testimony at the April 11th public meeting, and upon examining sign
codes and standards from the various communities, that the proposed one (1) hour message
duration may not be fair or reasonable to these uses to display multiple messages for the general
public. With this in mind, city staff is now recommending a more reasonable eight (8) second
time massage interval for these signs in residential districts. As stated in staff s presentation, the
8-second rule is virtually standard for most large-scale billboard sized DMS; and the 8-second
standard for residential districts would seem fair and reasonable, considering the city's
commercial areas are afforded the 2-second interval.
"Duration or time-limits a sign can remain active... "
The city initially proposed that all DMS in a residential area or a public use must go blank or
turn off between the hours of 9:00 PM and 7:00 AM. As was indicated at the last public
meeting, a number of these sign owners would prefer to keep or maintain their signs for 24-hour
periods, to ensure that messages were maintained throughout the day for persons on different
daily work or personal schedules, or to help assist in providing "security" lighting in some
neighborhoods.
The belief that these signs would provide additional "security lighting" seems questionable and
not justifiable, since most of these private signs are never designed or intended to provide this
type of lighting. The lighting for most signs is intended to provide illumination for the sign face
or message board; not additional lighting of a site.
The current Sign Code does not have any provision or standard where a sign must be turned off
in any zoning district. Virtually all signs on commercial, office, and industrial uses throughout
the city, and even those institutional uses (i.e. schools, churches, city hall, etc.) allow signs to
remain illuminated or lighted for 24-hours. The proposed sign ordinance revisions provides for
these DMS' in residential areas to be equipped with automatic dimming technology, and must
meet certain brightness standards as noted by the table in the proposed ordinance. With these
additional standards, city staff is accepting of the idea to allowing all signs, including DMS' to
remain lit or operational 24 hours.
Recommendation
The Planning Commission is reminded that the public hearing was officially opened and closed
at the April 11, 2013 meeting. If the Commission wishes to have more comment from the
general public on this item, you may do so without re-opening a public hearing. All comments
(including those from the April 11th meeting) will be forwarded to the City Council when this
item is presented to them for future consideration.
Staff recommends the Plannin g Commission discuss this matter and the remaining new standards
noted in the attached Draft Ordinance, but consider modifying the following two standards:
b. the DMS message must remain stationary or static for one hour or more;
to
b. the DMS message must remain stationary or static for up to eight(8) seconds.
c. the DMS shall be turned off or programmed to go blank between the hours of 9:00
p.m. and 7:00 a.m. daily.
to
e. the DN4S shall be tidfned e ff ef pfegfaffflned to go blank between the hetifs of 9:00
CITY OF BROOKLYN CENTER DRAFT#6
Notice is hereby given that a public hearing will be held on the day of , 2013,
at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle
Creek Parkway, to consider an Ordinance Amending Chapter 34 and Chapter 35 of the City
Ordinances Regarding the allowance of dynamic message signs (DMS) to public places and
uses, and adding new definitions of public uses.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at(763) 569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 34 AND CHAPTER 35 OF THE
CITY CODE OF ORDINANCES REGARDING THE ALLOWANCE OF
DYNAMIC MESSAGE SIGNS (DMS) TO PUBLIC PLACES AND USES
AND ADDING NEW DEFINITIONS OF PUBLIC USES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn Center is
hereby amended in the following manner (s+r-ikee t tee' indicates matter to be deleted, while
double underline text indicates new matter):
Section 34-110. DEFINITIONS. The language set forth in the text of this
ordinance shall be interpreted in accordance with the following definitions. Words used in the
present tense shall include the future; words used in the singular shall include the plural and the
plural includes the singular.
Public Uses—uses, facilities and properties owned or operated by a school
district, a municipality, county, state, or other governmental units, and any religious
institutions such as churches, chapels, temples, synagogues and mosques.
Section 34-140. PERMITTED SIGNS.
1. General Requirements and Standards for Permitted Signs
k. A dynamic messages sign "DMS," is permitted in the C2, 1-1
and 1-2 Districts and with Public Uses in all districts where
they are allowed. A DMS is also subject to the requirements of
Section 34-140.3.A and Section 34-140.3.1) of this ordinance.
A DMS message in the C2, 1-1 and 1-2 Districts must remain
constant for at least two seconds when such sign is in use.
i
3. Permitted Signs Requiring a Permit
D. Public and Semi A IQs Uses (All Districts)
1. Freestanding Signs Ghtifelies, synagogues and temples
may ha- ,°the folio
.
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 or 15 feet in height.
2. Wall Signs
a.l} One wall sign not to exceed 36 square feet.
b.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.
elubs and ledges.
a. Ffeestanding signs as speeified above fef
elitifelies, synagogues and temples.
b. One wall sign, the maximum area not to exeeed
36 ° ° f et
3. Dynamic Message Signs (DMS)
A DMS owned or operated by a Public Use located in a
residential zoned district shall meet the following
additional standards:
a. the area of a DMS sign is limited to an area
2
equal to 50% of the maximum allowable size of
that sign.
b. the DMS message must remain stationary or
static for up to 8-seconds or more:
c. the DMS shall be located no closer than 50-feet
from any residential dwelling.
d. the DMS must have dimming technology that
automatically adjusts its brightness in direct
correlation with ambient light conditions, and
said brightness shall not exceed 0.3 foot-candles
above ambient light as measured from a preset
distance depending on the sign size: as indicated
in the table below:
J)MS Sign Measurement Mstan=
AREA of SIGN MEASUREMENT
(Distance—ft.
10 32
15 32
220 45
2 50
30 55
35 52
40 63
45 67
50 711
55 744
77
65 $1
70
75 87
N 82
85 22
20 2
2 27
"D 100
Measurement Calculation= (Sign Area x 1001
Section 35-900. DEFINITIONS. The language set forth in the text of this
ordinance shall be interpreted in accordance with the following definitions. Words used in the
present tense shall include the future; words used in the singular shall include the plural and the
plural includes the singular.
3
Public Uses—uses, facilities and properties owned or operated by a school
district, a municipality. county, state, or other governmental units, and any religious
institutions such as churches, chapels, temples, synagogues and mosques.
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of , 2013.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(stfikeaut tex indicates matter to be deleted,while double underline text indicates new matter)
4