HomeMy WebLinkAboutPCAgenda_08Jul22City of Falcon Heights
• Planning Commission
City Hall
2077 W. Larpenteur Avenue
Tuesday, July 22, 2008
7:00 p.m.
AGENDA
A. CALL TO ORDER: 7:00 p.m.
B. ROLL CALL: Anderson Hasegawa Lukermann
Noble Rodich Salzberg
Watkins Council Liaison Kuettel
City Administrator Miller Staff Liaison Jones
City Attorney
C. APPROVAL OF MINUTES: June 24, 2008
D. PUBLIC HEARING: Proposed amendment to the city's sign code.
E. AGENDA ITEM: Discussion and recommendation to City Council on
proposed new ordinance
F. INFORMATION AND ANNOUNCEMENTS
G. ADJOURN
If you have a disability and need accommodation in order to attend this meetin&
please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30
p.m. at 651-792-7600. We will be happy to help.
•
City of Falcon Heights
Planning Commission
City Hall
2077 W. Larpenteur Avenue
Tuesday, July 22, 2008
7:00 p.m.
AGENDA
A. CALL TO ORDER: 7:00 p.m.
B. ROLL CALL: Anderson Hasegawa Lukermann
Noble Rodich Salzberg_
Watkins Council Liaison Kuettel
• City Administrator Miller Staff Liaison Jones
C. APPROVAL OF MINUTES: June 24, 2008
D. PUBLIC HEARING: Proposed amendment to the cii~s sign code.
E. AGENDA ITEM: Discussion and recommendation to City Council on
proposed new ordinance
F. INFORMATION AND ANNOUNCEMENTS
G. ADJOURN
If you have a disability and need accommodation in order to attend this meeting,
please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30
p.m. at 651-792-7600. We will be happy to help.
City Attorney
•
CITY OF
FALCON HEIGHTS 2077 W. Larpenteur Avenue
Falcon Heights, MN 55113-5594
email: mail@ci.falcon-heights.mn.us
website: www.ci.falcon-heights.mn.us
MEMORANDUM
To: Members of the Planning Commission
CC: Justin Miller, City Administrator;
Laura Kuettel, Council Liaison
From: Deb Jones, Staff Liaison~~
Subject: Planning Commission Meeting on July 22, 2008
Date: July 18, 2008
Phone - (651) 792-7600
Fax - (651) 792-7610
Tuesday night's Planning Commission meeting will be the culmination, we hope,
of the Commission s study of the sign code and consideration of potential
• changes. The required public hearing is scheduled for this meeting, and a draft
ordinance is provided for your review and any further changes you with to
make.
In order for this matter to move forward, it is essential that we have a quorum on
Tuesday evening. We know that two commissioners are out of town. Therefore,
it is essential that the remaining commissioners be present. If something has
come up and you are unable to be present, please notify staff immediately.
In the event that there is no quorum, the public hearing will still be held as
scheduled.
Thank you for all your work and thoughtful discussion on these sign issues.
Have a great weekend!
•
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'• City of Falcon Heights
Planning Commission Minutes
June 24, 2008
PRESENT: Commissioners Anderson, Hasegawa, Noble, Rodich, Salzberg, Watkins,
Also present were Council Liaison Laura Kuettel, City Attorney Joel Jamnik and City
Administrator Justin Miller.
ABSENT: Commissioners Lukermann, Staff Liaison Jones
A quorum being present, the meeting was called to order by the chair at a few
minutes past 7:00 p.m. The minutes of the May 27, 2008, meeting were approved.
PUBLIC COMMENT: CITY COUNCIL MORATORIUM ON PERMITS FOR
CERTAIN SIGNS
The chair opened the public comment period. There being no one who wished to
speak, the public comment period was closed.
COMMISSION DISCUSSION:
• The chair opened the commission discussion by calling for comment from
commissioners. Commissioner Noble, who lives close to the B-3 district said she had
heard from a number of her neighbors and that they are opposed to allowing any
dynamic display or LED signs. Commissioner Salzberg asked if it is that clear that
these signs are more intrusive than static illuminated signs, and Noble said that was
her question. She felt that if the signs were limited to one change every 24 hours they
would be clearer, that it is the flashing, motion, transitions that are the most
"nuisance". The B-3 district is our most heavily traveled area; the other districts are
too residential.
Salzberg expressed concern that a 24 hour requirement would preclude things like
time and temperature signs.
Commissioner Anderson said that she had learned that the number of accidents had
gone up in the area of a dynamic sign in Eagan. She had also discovered that a sign at
the Dallas airport giving gate information had been taken down because of a higher
accident rate there also. So despite the information provided to the commission by
the sign vendor, there are problems with traffic safety. "Scanability" has a lot to do
with it. In her experience of driving past signs that change only once a day she has
noted that it is more distracting to her than static signs. We're all used to scanning
time and temperature signs. She also has a concern about how "green" this
• technology is with respect to energy use and she feels these signs are probably not
appropriate in a high traffic area with a history of many accidents.
City of Falcon Heights -Planning Commission Meeting of June 24, 2008 -Page 1 of 4
Commissioner Watkins said he feels it is better to have a very low rate of message •
turnover and that the other cities' restrictions on brightness and transitions were a
good idea. He and Noble both expressed concerns about enforcement, which has
been an issue for other cities.
Commissioner Hasegawa said it is important to place very clear boundaries with
clear measures for enforcement. The city needs to have specific limits for size and
distance from residential areas and brightness. This would fall into the area of public
safety. One city even had limits on sound effects.
Salzberg summed up the concerns so far: impact on neighbors, safety and energy
use. Noble added esthetics. Anderson noted that in Dallas the neighborhoods with
dynamic signs had quite a different esthetic quality than what is considered
appropriate in Falcon Heights -much more commercial.
Commissioner Rodich suggested that restricting the percentage of signage that could
be dynamic would be an incentive to businesses to consider whether they might not
be better served by a larger static sign. Commissioners discussed the function of
time and temperature signs, whether they were more of an "attention getter" or an
amenity.
Hasegawa reviewed the regulations in Bloomington and noted the general •
similarities to our code with the added specifics for dynamic signs. He feels the more
specific regulations we have, the less contentious it would be. He suggests following
the Bloomington model. Anderson objected that Bloomington is making the effort to
be much more of a commercial center, while Falcon Heights is more residential. She
asked "Why do we need to permit these signs at all?" Hasegawa said he felt that the
specific restrictions, such as in Bloomington, would rule out the objectionable ones.
Watkins brought up the concern from two meetings ago that prohibiting dynamic
signs altogether would be a legal risk to the City. City Attorney Jamnik described
how a total prohibition might be considered arbitrary and capricious by the courts,
which is why many cities allow at least gas station price signs and time and
temperature.
Salzberg asked if there is some way of differentiating content like time and
temperature or gasoline prices from advertising.
In response to a question from Anderson, Jamnik said that Bloomington has not had
any challenges. Most of the other cases he knows of have been settled. The system
has more or less "settled" and cities have a "menu of options" that have been fairly
well established in the Twin Cities, and as long as Falcon Heights does not stray too
far from them, the city should be in a relatively "safe harbor." In this part of the
country there is strength in numbers. It is up to the city which options it chooses.
City of Falcon Heights -Planning Commission Meeting of June 24, 2008 -Page 2 of 4
' Watkins asked if commissioners had any preferences among the other city
• ordinances provided as examples as a model. He pointed out that Arden Hills
seemed the most restrictive at the moment, although theirs is subject to change when
their area plan is done.
Rodich asked if dynamic signs could be a conditional use, perhaps with the exception
of time and temperature? He would be in favor of that. He also sees the text only
signs as being less problematic than full video. Jamnik advised the commission that
the conditional use permit is used for uses that are expected to be allowed. The
default is to allow, with conditions; it is very difficult to say no. He also cautioned
that requiring a conditional use permit could be considered prior restriction from a
freedom of speech standpoint. In response to a further question from Rodich, Mr.
Jamnik said he would advise against a blanket requirement of a conditional use
permit for all dynamic signs. An appropriate limit might be for gas stations, which
are already a conditional use -making it part of that.
Anderson said that in Minnetonka they were finding out that people were distracted
even by the expectation that the sign would change, no matter how infrequently it
changed. Maybe even a day is too short; a week might be more appropriate. She
guessed this would not be a problem with respect to the courts.
• Salzberg noted that some cities, including Forest Lake, seem to create most of the
restriction in the way they craft definitions. Commissioners suggested that staff come
up with good definitions. Salzberg went on to say that he likes the idea of allowing
LED signs because they might use less energy than floodlit signs and that having the
capability of changing for time and temperature and prices might be a good thing.
Anderson expressed concern that new technologies could render new definitions
obsolete, that the city needs something fairly "robust" to accommodate new
technologies. Commissioners found similarities among definitions used in several
cities. Some cities exclude signs that change infrequently from their definition of
"dynamic." Salzberg said then it would be all right to have a sign that could change
more often as long as it did not change frequently. What we do not want is people
expecting change as they drive by. There was additional discussion about driver
expectations and distraction effects related to duration of message. Anderson said
she does not feel that dynamic signs are even that effective a marketing technique.
Noble asked if the city might then prohibit dynamic signs in B-3 (on safety grounds)
but allow in other commercial- districts with less traffic. Hasegawa said he felt
restrictions on brightness would be fairly important because all of these areas are
close to residential districts. Commissioners discussed monitoring and enforcement
implications of brightness and transition limits and other possible restrictions.
• The chair then pro osed lookin at the slate of o tions resent in the staff re ort and
p g p P p
seeing of some of them could be eliminated. Commissioners quickly eliminated the
City of Falcon Heights -Planning Commission Meeting of June 24, 2008 -Page 3 of 4
option of letting the moratorium expire without making any changes to the city code. •
After discussion of the other options, the commission seemed to move toward a
consensus in line with an option that would allow dynamic signs within defined
limits as to district, setbacks, size, change frequency, brightness and other regulatory
dimensions. Noble wondered how existing signs would measure up regarding
brightness, compared to any proposed dynamic signs. Watkins felt the conditional
use option should also be eliminated.
City Administrator Miller asked to review the consensus of the commission in order
to get clear direction for staff in formulating a draft ordinance for consideration next
month. His sense of the commission s discussion was that it favors allowing
dynamic sign in some districts with some specific restrictions on factors such as
distance from residential property, size, percentage of allowed signage, brightness,
number of colors, duration of message, etc. The commission confirming this, Miller
said that a draft would prepared.
INFORMATION AND ANNOUNCEMENTS:
Commissioner Salzberg announced that he is leaving the Planning Commission to go
on sabbatical in San Diego. Councilmember Kuettel and the commission wished him
well.
•
ADJOURNMENT: The meeting was adjourned at approximately 8:10 p.m.
Respectfully submitted,
Deborah Jones, Staff Liaison
This record was based on the video recording of the meeting.
•
City of Falcon Heights -Planning Commission Meeting of June 24, 2008 -Page 4 of 4
• Planning Commission
7/22/08
ITEM: Proposed ordinance amending the city's sign code
SUBMITTED BY: Deborah Jones, Zoning and Planning Director
REVIEWED BY: Justin Miller, City Administrator
Roger Knutson, City Attorney
Background:
For the last three months commissioners have studied the issue of new signage
technologies and considered the issue of whether and how the Falcon Heights sign code
should be updated to provide for these new types of signs, in particular dynamically
changing signs made possible by LED and other new technologies. The commission read
research material and ordinances from other cities in the metropolitan area which have
already updated their sign codes. T'he commission also received comment from the public
in May and June.
As of the last Planning Commission meeting on June 24, the consensus of the commission
was to add appropriate definitions to the existing sign code and to add provisions
• permitting dynamic display signs in some of the city's business districts but imposing
specific restrictions on such physical characteristics as size, distance from residential
property, brightness, duration of message, type of transition, number of colors, frequency
of change, etc.
Following the June 24 meeting, staff requested a draft ordinance form the city attorney.
That draft is attached. At this meeting, the Commission will hold the required public
hearing on the proposed ordinance and then make a recommendation to the City Council.
As some items in the draft were left open, adjustments are expected. Commissioners will
need to examine each provision and make sure everything is complete and correct before
voting on their final overall recommendation.
Action Requested:
Hold a public hearing on proposed changes to the sign code
Discuss the draft ordinance and make any changes needed.
Vote on a recommendation to the City Council.
Attachments
• Draft of an ordinance amending Chapter 113 of the City Code concerning dynamic
signage
• • Legal notice of the public hearing, published in the Roseville Review.
Staff Report: Proposed ordinance amending the sign code • Planning Commission, July 22, 2008 • Page 1 of 1
ORDINANCE NO. _ •
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 113 OF THE CITY CODE
CONCERNING DYNAMIC SIGNAGE
THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS:
SECTION 1. Section 113-3 of the Falcon Heights City Code is amended to add the
following definitions:
Nit means a unit of measurement for luminance. The total amount of light emitted from a
sign divided by the surface area of the sign (candelas per square meter).
Sign, dynamic display. Any characteristics of a sign that appear to have movement or
that appear to change, caused by any method other than physically removing and
replacing the sign or its components, whether the apparent movement or change is in the
display, the sign structure or any other component of the sign. This includes displays that
incorporate technology or methods allowing the sign face to change the image without
having to physically or mechanically replace the sign face or its components as well as •
any rotating, revolving, moving, flashing, blinking or animated display and any display
that incorporates rotating panels, LED lights manipulated through digital input, digital
ink or any other method or technology that allows the sign face to present a series of
images or displays.
SECTION 2. Section 113-416(a) of the Falcon Heights City Code is amended to read:
a) Permit required. Except as otherwise provided in this section, no sign or structure
shall be erected, constructed, altered, replaced with a dynamic display sign, rebuilt or
relocated except as provided in this article and until a permit for the same has been issued
by the zoning administrator upon application and to include such information as is
required for a complete understanding of the proposed work.
SECTION 3. Section 113-426 of the Falcon Heights City Code is added to read:
113-426. Non-conforming signs: compliance.
It is recognized that signs exist within zoning districts that were lawful before this sign
ordinance was enacted, which would be prohibited, regulated or restricted under the terms of this
chapter or fixture amendments. It is the intent of this sign ordinance that nonconforming signs
shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs
or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to
permit legal nonconforming signs existing on the effective date of this sign ordinance, or •
amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are
139653
• maintained so as not to be unsightly, and have not been abandoned or removed subject to the
following provisions:
(1) No sign shall be enlarged or altered in a way which increases its nonconformity.
(2) Should such sign or sign structure be destroyed by any means to an extent greater
than fifty (50) percent of its replacement cost and no building permit has been applied for
within 180 days of when the property was damaged, it shall not be reconstructed except
in conformity with the provisions of this ordinance.
(3) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in which
it is located after it is moved.
(4) No existing sign devoted to a use not permitted by the zoning code in the zoning
district in which it is located shall be enlarged, extended or moved except in changing the
sign to a sign permitted in the zoning district in which is it located.
(5) When a structure loses its nonconforming status all signs devoted to the structure
shall be removed and all signs painted directly on the structure shall be repainted in a
neutral color or a color which will harmonize with the structure.
SECTION 4. Section 113-450(a) of the Falcon Heights City Code is amended to read:
(1) Types of signs allowed. Business, dynamic display signs, nameplate,
identification, illuminated, ground, pedestal, political, real estate sales, temporary, wall
• and courtesy bench signs.
SECTION 5. Section 113-450(b) of the Falcon Heights City Code is amended to read:
(1) Types of signs allowed. Business, nameplate, identification, illuminated, ground,
pedestal, political, real estate sales, temporary, wall and courtesy bench signs. Dynamic
display signs are permitted in B-3 districts only.
SECTION 6. Section 113-471 of the Falcon Heights City Code is amended to read:
(c) No sign may be brighter than is necessary for clear and adequate visibility.
(d) No sign maybe of such intensity or brilliance as to impair the vision of a motor
vehicle driver with average eyesight or to otherwise interfere with the driver's operation
of a motor vehicle.
(e) No sign may be of such intensity or brilliance that it interferes with the
effectiveness of an official traffic sign, device, or signal.
SECTION 7. Section 113-473 of the Falcon Heights City Code is amended to read:
Devices giving off an intermittent or rotating beam of rays of light shall be prohibited,
except dynamic display signs, symbols or numerals indicating time and temperature as long as
the display does not change more frequently than every 30 seconds. In no event, however, shall
• any light be permitted which may be confused with lights from a snowplow, police car,
ambulance, or other emergency vehicle.
139653 2
SECTION 8.. Section 113-492 of the Falcon Heights City Code is added to read: •
Dynamic displays on signs are permitted subject to the following conditions:
(1) No dynamic display sign shall be located within 150 feet of a residential district
lot line.
(2) Dynamic display signs are subordinate to ground and pedestal signs and must not
be the predominant feature of the sign area. A dynamic display shall not occupy more
than % of the sign area. Only one dynamic display is allowed per sign face.
(3) A dynamic display shall not change or move more often that once per 24 hour
period, except when changes are necessary to correct the time and temperature
information. Time and temperature information is considered a dynamic display and may
not be included as a component of any other dynamic display.
(4) No dynamic display sign shall use more than one color.
(5) The images and messages displayed must be static, and the transition from one
static display to another must be instantaneous without any special effects.
(6) The images and messages displayed must be complete in themselves without •
continuation in content to the next image or message or to any other sign.
(7) Dynamic displays must be designed and equipped to freeze the device in one
position if a malfunction occurs. The displays must also be equipped with a means to
immediately discontinue the display if it malfunctions, and the sign owner must
immediately stop the dynamic display when notified by the City that the display is not
complying with the standards of this ordinance.
(8) All dynamic displays shall meet the following brightness standards in addition to
those in section 113-471(c), (d), and (e):
(a) Dawn to dusk: no greater than 2000 nits
(b) Dusk to dawn: no greater than 500 nits
SECTION 9. EFFECTIVE DATE: This ordinance shall take effect from and after its
passage.
ADOPTED this day of 2008, by the City Council of Falcon
Heights, Minnesota.
CITY OF FALCON HEIGHTS •
139653
•
•
•
ATTEST:
Justin Miller, City Administrator/Clerk
139653
BY:
Peter Lindstrom, Mayor
~~'~'Y (}F FAI.~t~~1 ~E~+~I~'~"`S, ~Tl'~ES(~T',
Nt~T~CE IS I-IERE)~Y GIVEN, that the T'alcon Heights ~'}an~iing ommissian
~~~~il} meet can Tuesday.,lulti~'Z2, 2t~08, at appresaimately 7:E)Cl p.ra. a~the Fa}can 1-Ieughts City Ha}}
ounciJ C'hanabers, 20)77 I_,~u~penteur A~~eue ~~'est, I~~aican }-Ieights, Minne.~s~ta :+St Z3ti to
consider pro~x~sed changes to the ha}con Heights City Cade regarding signs. and mate
particu}ar}v e}ectronic or changeable cope signs, inc}udiilg but not }united to provisions,
regit}ating these tapes of signs ~~'ith respect €~ their location, size, intensity, ca}or, huf'fer ot°
setback from residentia} properties or dr~as~ and f'requencti' of changes to cope. ,AII persons who
desire to speak on this issue are encaut~ge~# to attend and will be given aia opportunity to l~e~
lteat~d at this meeting. Additic~tlal inianz~atian c.an ' obtained Gy contaG~ng the Cite ot~ Iralee~n.
I-leights at (6S I } 792-7COQ.
~I'hi~ matter wi}1 be sc~~tdu}ed tt~r the petit appropriate City Council meeting fallowing the:
~`Lanning Conunussion meeting.
j
.bated. _~.~~~ ~` -._____~_~___~_-~ ~pf)F}.
~L~-''
___
Ju~tj ~ ~i}}er. City administrator-/Clerk
(:ityaf ~~a}can Heights. R~Iinnesata
•
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SRN:071t1t iHFi
..
CITY OF
FALCON HEIGHTS Falcon Heights,aMNn551r13V5594
email: mail@ci.falcon-heights.mn.us
website: www.ci.falcon-heights.mn.us
•
MEMORANDUM
Phone - (651) 792-7600
Fax - (651) 792-7610
To: Members of the Planning Commission
CC: Justin Miller, City Administrator;
Laura Kuettel, Council Liaison
From: Deb Jones, Staff Liaison
Subject: Cancelation Planning Commission Meeting on August 26, 2008
Date: August 25, 2008
In case any of you did not receive the staff email last week, we have canceled the
scheduled meeting of the Planning Commission for tomorrow, August 26, due to
there being no agenda items.
We regret to inform you that Barbara Lukermann has resigned from the Planning
Commission for personal reasons. The city is accepting applications to fill the
vacancy. If you know anyone who has expressed an interest, please let them
know. The application form can be downloaded from the website or picked up
at City Hall. Appointments are made by the Mayor and confirmed by the City
Council.
A few weeks ago we mailed you a "Save the Date" postcard for a Capitol Region
Watershed District open house in September. That event has been postponed.
We do not have a revised date.
The sign ordinance is on the Council agenda for this Wednesday, August 27.
They have been following your process closely, so we expect a final vote on the
ordinance. Thank you again for all your thoughtful work on this issue.
That's all until September. Enjoy your free summer evening on Tuesday!
~~
Deb
•
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