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HomeMy WebLinkAbout2013 04-11 PCM 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 63rd 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 63`d Avenue North there is no crime but along 58th Avenue North there is plenty of crime. She said there is no crime where the lights are on. Page 4 4-11-13 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 3RD 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 approve 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