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HomeMy WebLinkAboutPL PACKET 03172020-WORKSESSIONIf you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313 or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay. Work Session Agenda Tuesday, March 17, 2020 7:00 p.m. 1. Temporary Sign Regulations. Steve Grittman, City Planner presenting 2. Adjournment 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Office: (612) 782-3301 • Fax: (612) 782-3302 • www.savmn.com Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. MEMORANDUM TO: St. Anthony Planning Commission Mark Casey, City Manager FROM: Stephen Grittman, City Planner DATE: March 11, 2020 RE: St. Anthony Village – PC Work Session – March 17, 2020 Temporary Sign Regulations NAC FILE: 323.01 This memorandum is intended to serve as the basis for further review and discussion of the City’s sign regulations, particularly those related to temporary and real estate sign displays. As noted previously, the City received a complaint over temporary sign displays at the Urban Grove property. Under current sign regulations, the City has no provision for Temporary signs, although several properties around the community have various displays (some of which are commercial in nature, and some of which are specifically related to real estate sales or leasing). The Planning Commission had planned to discuss the material at a work session format prior to the regular meeting on March 17. However, a separate work session is already scheduled for that time, beginning at 5:30pm. The material presented here is provided for additional discussion in work session format, if time allows after the first topic, or in an extended work session following the regular meeting at 7:00pm. At the meeting of February 18, the Planning Commission asked for additional comparative information from other communities. Staff has provided this information from Edina and Mendota Heights for review. In addition, the Commission requested that staff prepare a starting point for ordinance language and standards, to facilitate Commission discussion. That language has been added to the original material in the following pages. The purpose of this discussion will be to consider both the policy aspects of the allowance for temporary signs, and potential regulations that would apply. The material that follows is a brief summary of St. Anthony’s general sign regulations, along with a similar summary of regulations in the adjoining suburban communities of Columbia Heights, New Brighton, and Roseville. These communities are not offered a s recommended examples, but only to create a context for discussion. Also included is a collection of photographs of existing non-permitted temporary signs that exist in the community. The effect of the regulations, if adopted, would potentially apply to existing signs. Although the City has not enforced its prohibition against the existing signs, they have technically been placed illegally, and would not technically have “legal nonconforming” rights to remain. The ongoing enforcement issue is one that the City will need to address separately from any adopted regulations. The expectation with this exercise is that the City will create regulations that reflect the expectations of the community, and follow-up will occur as a separate policy matter. Following is the comparative summary noted above. It is necessarily a summary of regulations, and there are often exceptions to the general rules, or more specific standards that are included in the regulations being reported here. Generally Allowable Signage by Land Use (Number and Size): St. Anthony Roseville Columbia Hts. New Brighton Edina Mendota Heights Single Family 6 sf 6 sf 2 sf, 16 sf for non-res; 8 ft max ht. 4 sf 6 sf 6 sf Multi- Family 50 sf, 8 ft. ht. 1 @ 50sf, 6 ft. ht.; 1 @ 24 sf, 4 ft. ht. 16 sf, up to 2 per building; 8 ft max ht. 35 sf ground sign, 12 ft. ht.; 200 sf wall sign per street front 15 sf non- commercial speech, plus 60 sf identification 100 sf, 10 Feet height Commercial 15% of wall area; 32-40 sf ground sign, 8 ft. ht. 1.5 sf per foot of building frontage. 50-200 sf wall sign, 40- 75 sf pylon; 25’ max ht. 36-64 sf ground sign, 20 ft. ht.; 200 sf wall sign 16 sf; plus 15% wall plus 80-100 sf freestanding 50-100 sf wall Sign plus 80- 100 sf freestanding Industrial 2 sf per foot of building frontage (150 sf max); 15% of wall area 1.5 sf per foot of building frontage. 100 sf wall sign, 50 sf pylon; 25’ max ht. 36 sf ground sign, 20 ft. ht.; 200 sf wall sign 1 per frontage; plus 80sf freestanding 50-100 sf wall Sign plus 80- 100 sf freestanding Institutional 32 sf ground sign, 8 ft. ht. 1.5 sf per foot of building frontage 40 sf per sign, 2 signs with spacing of 75’ 32 sf ground sign, 200 sf wall sign 1 per frontage; plus 80 sf freestanding 100 sf, 9 feet height In considering how to regulate signs, it is important to remember that there are several limitations that flow mostly from First Amendment jurisprudence relating (mostly) to free speech. Principles include generally: • No regulation of content. The regulation must apply equally to any sign display regardless of the message being conveyed. The Supreme Court has carved out some distinctions between “commercial” and “non-commercial” messages, but these are not relevant to this discussion. The City avoids this issue primarily by permitting every property to have a 6 sf (square foot) sign – property owners may display any message on that sign, including opinion messages, “House for Sale”, or pretty much any other message. • The City may regulate “Time, Place, and Manner” issues. This is a general First Amendment protection that allows the City to create non -content-based regulations around the way that sign messages are displayed. So, the City can place limits on sign duration, or sign size, or sign location, or sign design (such as architectural elements, etc.). It is permissible to specify materials, and to limit illumination, or require a permit. It is also permissible to distinguish between sign allowances based on zoning district or land use. Thus, the City can allow or prohibit temporary signs in different districts, and/or create different size, location, or duration requirements based on zoning district. • The content-based aspect raises a particular issue with “Real Estate Signs”. Under this principle, it is not permissible to allow a sign, but limit it to say “House for Sale”, or “Apartment for Lease”, etc. If you allow the sign, of whatever size or location, you have very little flexibility in managing the content. Most cities, if they allow additional real estate signage, do so b y specifying that an additional sign is allowed while a property is for sale or lease, without specifying that the message has to be related to the real estate transaction. Thus, a building with office space for rent would be allowed a sign, but they could display a message unrelated to the leasing. The City just presumes that this is an unlikely exception. • An exception to the most significant limitation on content-based regulation is that the Court has allowed cities to distinguish between on-premise and off-premise sign regulation. In the strictest sense, if a property owner can display a sign of a certain size and duration, theoretically they should be able to say “Shop at Walgreens” on their sign, even if the sign is located on a neutral property unrelated to Walgreens. That is, the only way to know whether the sign is violating a prohibition on off-site signage is to read the content of the sign. However, the Court has found that this form of regulation raises other legitimate concerns that permit the content-based restriction. Issues to consider: • Should the City permit temporary signage generally? • If so, should the City call out Real Estate Signs as a separate category? • What types of limitations should be considered for materials? • What sizes of temporary signs should be considered? • How should the rules be administered (permitting, enforcement, etc.)? If the City chooses to accommodate temporary signs, we should be sure to consider: Duration. How many days per display or per year should be allowed? For Commercial, Industrial, and Institutional property, staff would propose a maximum duration of 30 days and one permit per calendar year. Multiple permits and displays complicates administration and enforcement. The single period or 30 days creates an accommodation for commercial displays without cluttering the landscape. Use. Should the City allow temporary signs ONLY during periods when the subject property is for sale or lease? Staff believes that the current allowance on single family property of one 6 sf sign provides an opportunity to announce a property for sale. For Multi-tenant buildings (apartments or commercial centers) where real estate is routinely for lease, staff recommends an increase in the permanent wall-mounted signage – a building owner can choose to provide leasing information, or additional identifi cation signage it the owner’s discretion. Materials. Should the City require that temporary signs be made of rigid materials, or should the City permit such signs to be printed and displayed on “banner” materials? Staff would recommend rigid materials. This would eliminate the use of banners materials that wear poorly, such as the “feather” signs. Size and Number. What size should the temporary signs be required to meet? Methods would include a “one size fits all” approach, sliding scale based on building or lot size, quantity based on the number of street frontages. Staff would recommend a “one-size” approach for Multi-tenant, Commercial/Industrial, and Institutional properties to simplify administration. For size, 32 square feet accommodates a sheet of plywood with a message printed on it, without requiring special construction. Design. Should the City allow portable signs to serve as temporary signs? Portable signs typically include the trailered changeable copy signs that are rented for certain periods. However, there are various other types of temporary sign methods including “feather” signs and other signage that is embedded in the ground. Staff does not recommend the portable, trailered signs. Illumination. Should illumination be allowed or prohibited? Staff recommends that no separate illumination be permitted. Location. What setbacks or other limitations should be imposed on temporary signs? Staff recommends that temporary signs be either wall-mounted, or if free-standing, located no closer than 10 feet from any property line, or within any right-of-way or public easement. This should ensure that such signs do not interfere with public street and utility maintenance, and should avoid interference with traffic visibility. Off site. Should the City consider the allowance of off-site temporary signs? (These are usually employed for real estate sales purposes, but also often include garage sales and similar events). Staff recommends that off-site signs not be permitted. Proposed regulations. In reviewing the City’s existing sign issues and the notes above, the following regulations are proposed: Temporary Signs. 15.03 Definitions TEMPORARY SIGN. Any sign, banner, pennant, valance or advertising display constructed with light materials with or without frames intended to be displayed for a limited time only. 155.10 Requirements and Regulations (A) Temporary Signs. (1) The purpose of this section is to provide for certain temporary signage in addition to the permanent signage and non-commercial signage allowed on any parcel elsewhere in this Chapter 155. (2) Temporary signs must be constructed of a rigid, durable material, and placed on a building wall or as a freestanding structure, for a single period each calendar year, and limited to no more than 30 days for each period. (3) No Temporary Sign Permit shall be granted for any property that currently displays more than the allowed amount of permanent signage on the property. (4) Any Temporary Sign shall meet all other requirements of this Chapter 155. (5) Applicants for a Temporary Sign Permit must request a permit on a City form for such purpose, and supply the following information: (a) Proposed size and dimensions of sign. (b) Dates of display (up to one permit per year, no more than 30 days duration). (c) Materials to be utilized for sign construction, including support structures if applicable. (d) Method of attachment to building wall, if applicable. (e) Site Plan illustrating dimensions from property lines and other site improvements. (f) Inventory of existing signs and sign sizes on the subject property. (B) Temporary Sign District Allowances (1) In any R-1, R-1A, or R-2 District, no additional temporary signage shall be permitted beyond the allowed 6 square feet of sign display per Section 155.23 (B). (a) An Institutional use in an R-1, R-1A, or R-2 District, such as a School, a Public Park, a City Building, a Religious Institution/Place of Worship shall be permitted one temporary sign display per calendar year, of up to 30 days in duration. Such sign shall be no greater than 32 square feet in area, and shall be mounted on the wall of a building, or be freestanding, but no closer than 10 feet from any property line or right of way. (2) In any R-3 or R-4 District, no additional temporary signage shall be permitted beyond the allowances for the District per Section 155.30. It is the intent of that Section that additional sign allowances have been made to accommodate the need to announce current sales or leasing, or any other messages desired by the owners of said property. (3) In any C or LI District, one temporary sign display per calendar year, of up to 30 days in duration shall be permitted. Such sign shall be no greater than 32 square feet in area, and shall be mounted on the wall of a building, or be freestanding, but no closer than 10 feet from any property line or right of way. 155.30. District Schedules (A)(2) R-3 and R-4. Each multiple dwelling complex (9 or more units) allowed one freestanding sign identifying the complex. The sign may not exceed 50 square feet in sign surface area. The sign structure, including the sign surface area, may not exceed 150 square feet in area. The highest point of the sign may not be more than 8 feet above ground level. In addition, each such complex shall be allowed one wall sign of up to 50 square feet, provided such sign meets all construction and materials requirements of this ordinance. Photos - Residential (Real Estate) Photos – Commercial/Institutional