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HomeMy WebLinkAbout2013 04-25 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 25, 2013 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tern Burfeind at 7:02 p.m. ROLL CALL Chair Pro Tern Burfeind, Commissioners Randall Christensen, Carlos Morgan, Michael Parks, 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. Commissioner Benjamin Freedman was absent and unexcused. APPROVAL OF MINUTES —April 11 2013 There was a motion by Commissioner Schonning, seconded by Commissioner Morgan, to approve the minutes of the April 11, 2013 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Pro Tem Burfeind 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. CONTINUATION OF A PROPOSED ORDINANCE AMENDMENT TO CHAPTER 34 Mr. Benetti reviewed the items discussed at the April 11, 2013 Planning Commission public hearing related to dynamic message signs and was tabled. He stated 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 and this item was tabled until the April 25, 2013 meeting. ACTION TO UNTABLE DISCUSSION RELATED TO THE PROPOSED ORDINANCE AMENDMENT TO CHAPTER 34 (SIGNS) AND CHAPTER 35 (ZONING) OF THE CITY CODE OF ORDINANCES There was a motion by Commissioner Morgan, seconded by Commissioner Schonning to un- table the 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 spaces and uses and adding new definitions of"Public Uses"to the City Code. Voting in favor: Chair Pro Tern Burfeind, Commissioners Christensen, Freedman, Morgan, Parks and Schonning And the following voted against the same: None Page 1 4-25-13 The motion passed unanimously. The following items summarize staff's findings: Grandfathering issue: Mr. Benetti stated the City Attorney clarified that any new ordinance adopted by the City Council would be applicable to all existing and new signs and any current non-conforming sign remains non-conforming unless the new ordinance provides additional or favorable standards which make the sign no longer non-compliant. He added 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. Mr. Benetti added some of the existing signs at churches and public schools may not have been a true DMS at that time and would still be considered non-conforming, and the "grandfathering" label does not change the legal status of such signs. However, if a new ordinance could allow or provide standards to make these signs legal and conforming. Length of Message: Mr. Benetti provided data indicating the timing or length of messages allowed by other cities is from 3-seconds to 24-hours. He further stated that following the public hearing and upon examining sign codes and standards from the various communities, the proposed one hour message duration may not be fair or reasonable to display multiple messages for the general public. Therefore, city staff is recommending an eight second time message interval for these signs in residential districts. He added the eight-second rule is virtually standard for most large-scale billboard sized DMS considering the city's commercial areas are afforded the two-second interval. Duration or Time-limits a Sign can Remain Active: Mr. Benetti reviewed the city initially proposed that all DMS in a residential area or a public use must go blank between the hours of 9:00 PM and 7:00 AM. However, a number of these sign owners would prefer to keep or maintain their signs for 24-hour periods. Mr. Benetti further explained the current Sign Ordinance does not have any provision or standard where a sign must be turned off in any zoning district. He added 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, therefore, staff is supportive in allowing all signs remain lit or operational 24 hours. Commissioner Morgan stated the information provided was very thorough. Mr. Benetti provided an overview of results from other cities. Page 2 4-25-13 Commissioner Christensen stated he did not feel the following was addressed "no portion of the message may flash, swirl, fade in or out" in the report. Mr. Benetti replied that these items are currently not allowed in the city ordinances. Chair Pro Tem Burfeind asked for further clarification on the grandfathering issue. Mr. Benetti explained that according to the City Attorney existing signs would be considered non- conforming if they do not meet the current ordinance requirements and all existing signs could remain in their current status, however, no changes could be made to the sign unless it is brought into standards as allowed in the city ordinances. Commissioner Parks asked about dimming technology. Mr. Benetti stated that all new signs come with technology to program signs according to dark and light with automated dimming. Commissioner Christensen stated that it was discussed to have the lights shut off during the night and he is still on the fence about being able to change it every eight seconds all night long and feels it should be a more static message during the night. Mr. Benetti replied that staff took into consideration the need for some churches and schools to keep the message displayed 24/7 and the eight second interval is programmed such that it is unnoticeable when changing. However, he felt the Commission was in favor of the eight second interval. Commissioner Christensen replied that if the change is unnoticeable, he would be okay with it. Chair Pro Tern Burfeind stated that the changing messages are typically not obnoxious and barely noticeable when they change. He doesn't feel the eight second interval would be unreasonable. Mr. Benetti responded that the change must be programmed to be instantaneous and cannot fade in or out. PUBLIC HEARING—ORDINANCE AMENDMENT (CHAPTER 34—SIGNS) There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to reopen the public hearing regarding an amendment to Chapter 34 (Signs), at 7:27 p.m. The motion passed unanimously. Chair Pro Tern Burfeind called for comments from the public. Lilly Harrington, Unity Temple Church, stated she is here on behalf of the church's Pastor. She asked if all existing signs in residential areas are okay. Mr. Benetti stated that if they are operating a Dynamic Message Sign it is not allowed but will be by adopting this ordinance. Ms. Harrington stated that their existing sign does not flash and does not illuminate into any residential homes and they took their neighbors into consideration when placing the sign on the property. She encouraged the Commission and Staff to come by and visit their church. Kathryn Biddle, Unity Temple Church, thanked the Commission and asked for verification regarding their existing sign. Mr. Benetti replied after further investigation by Staff, the Unity Temple site is considered a corner lot which means the size of their sign is okay. Page 3 4-25-13 Victoria, Unity Temple Church, asked what is important to bring to the panel for consideration particularly for the children of Brooklyn Center? Chair Pro Tern Burfeind suggested that the City Council should be contacted with any concerns and, if deemed appropriate,the City Council would forward their issues to the Planning Commission. Councilmember Kleven thanked everyone for coming to this meeting and she advised of the City Council meeting dates and the times of open forum when the Council can be addressed. Commissioner Parks responded that the Commissioners keep the safety of children on their minds and when considering planning issues,he is an advocate of walkability. There was further discussion regarding these issues and it was stated that these types of issues are not heard by the Planning Commission but should be brought to the City Council for consideration. CLOSE PUBLIC HEARING—ORDINANCE AMENDMENT (CHAPTER 34—SIGNS) There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to close the public hearing regarding an amendment to Chapter 34 (Signs), at 7:43 p.m. The motion passed unanimously. Chair Pro Tern Burfeind stated that he appreciates the input from the public which helps them to arrive at decisions when considering these issues. ACTION TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDING CHAPTER 34 AND CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ALLOWANCE OF DYNAMIC MESSAGE SIGNS (DMA) TO PUBLIC PLACES AND USES AND ADDING NEW DEFINITIONS OF PUBLIC USES There was a motion by Commissioner Parks, seconded by Commissioner Schonning, to approve 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. Voting in favor: Chair Pro Tern Burfeind, Commissioners Christensen, Freedman, Morgan, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the ordinance amendment at its May 13, 2013 meeting. NOMINATIONS AND ELECTION OF NEW CHAIRPERSON FOR 2013 Due to the resignation of former Planning Commission Chair Sean Rahn, nominations and a vote was conducted for a new Chairperson of the 2013 Planning Commission. Mr. Benetti explained the floor was open for nominations and there could be one or more nominations, or a person could nominate themselves. Page 4 4-25-13 Vice-Chair Burfeind called for any nominations. There was a motion by Commissioner Schonning to nominate current Vice-Chair Scott Burfeind as new Chair of the remaining 2013 Planning Commission year, which was seconded by Commissioner Christensen. Vice-Chair Burfeind then called for other nominations three times. With no additional names or nominations presented, the nominations were closed. At the request of the Commissioners, a written ballot vote was taken, which resulted in Vice-Chair Scott Burfeind elected Chair of the remaining 2013 Planning Commission year. Chair Burfeind thanked the Commission for his support and encouraged Commission members to contact him if they are interested in being Co-Chair. DISCUSSION ITEM Mr. Eitel reviewed upcoming development projects: • Howe PUD Amendment • Special Use Permit for Surly Brewing for a Tap Room • Luther Automotive expansion • Shingle Creek Crossing continued redevelopment • Embassy Suites Phase II site—PUD Amendment • Twin Lakes Manor/Lake Pointe apartments have a new owner and they are talking to him regarding an extension of the regional trailways onto the property. • Housing market study being conducted for the Opportunity Site. • Best Buy site has been acquired for a retail building. There were no other discussion items ADJOURNMENT There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:03 p.m. �, r Chair Recorded and transcribed by: Rebecca Crass Page 5 4-25-13