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HomeMy WebLinkAbout9.c. Zoning Ordinance Text Amendment Relating to Dynamic Signs EXECUTIVE SUMMARY City Council Regular Meeting: January 17, 2016 AGENDA ITEM: Zoning Ordinance Text Amendment Relating to Dynamic Signs AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 9.c. ATTACHMENTS: Excerpts from Planning Commission meetings on November 22 and December 19, Ordinance Allowing Full Color Dynamic, Ordinance Allowing Only Monochromatic Dynamic APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve a text amendment to allow full color dynamic signs in the Downtown. Or Motion to approve a text amendment to allow monochromatic dynamic signs in the Downtown. SUMMARY The current Sign ordinance allows dynamic signs within the C-3: Highway Commercial, C-4: General Commercial, and P/I: Public and Institutional zoning districts. The ordinance specifically notes that properties in the Downtown, including those zoned C-3 are not allowed to have dynamic signs. The sign ordinance permits the dynamic portion of any sign to comprise no more than 35% of a sign’s total area. Staff has received requests to modify the City’s sign ordinance to allow dynamic signs within the Downtown zoning district and to increase the sign percentage for dynamic capabilities. Staff is recommending approval of an amendment to the existing ordinance to allow dynamic signs in the Downtown zoning district and to increase the percentage of a sign that can have dynamic capabilities from 35% to 50% in the P/I zoning district and P/I uses in a residential district. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item at its meeting in November. At that meeting, the Commission was interested in finding out more information about how other communities regulate dynamic signage as well as brightness of the dynamic sign at the Steeple Center. The public hearing was continued until the December 19th, 2016, Planning Commission meeting. At the December meeting, the Planning Commission discussed the desire to limit dynamic signs within the downtown to monochromatic capability. The Commission passed a motion to recommend approval of the Text Amendment with the modification of item 10 to be monochromatic within the downtown district. BACKGROUND Legal Authority Ordinance amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of structures or use. Under the law, the City has wide flexibility to create standards that will insure the type of development it desires. DISCUSSION Staff has been fielding requests from business owners in the Downtown District to amend the City’s sign ordinance to allow dynamic signs in the Downtown area. Currently dynamic signs are allowed in the C3- 2 Highway Commercial (although not the C-3 zoned property within the Downtown as defined by the Downtown Redevelopment Framework), C4-General Commercial, and PI-Public/Institutional zoning districts. Public and institutional uses located within residential districts may also have dynamic signs as long as they meet all other sign standards for PI Public Institutional zoning district. Two dynamic signs were recently approved in the Downtown District at the Steeple Center and Culver’s as part of Planned Unit Development approvals. Dynamic signs are currently not allowed in the Downtown District due to concerns about maintaining the character of the Downtown. Staff has met with several business owners who have requested an amendment to the ordinance to permit dynamic signs in the Downtown zoning district. Currently dynamic signs are only allowed on freestanding signs, and staff does not think the ordinance should be changed to allow dynamic signs on wall or projecting signs. Staff believes that permitting a dynamic sign in the Downtown would not adversely affect the character of the Downtown if other sign regulations are met, such as limits on sign time, prohibition on animation and motion, and the lettering sizes. Staff would envision the sign to function similar to that of Culver’s, where they convey information but there isn’t a lot of extra messaging on the dynamic portion of the sign. Some of the businesses interested in having some portion of their sign dynamic are businesses that would also intend to update their entire sign, bringing the sign in compliance with existing standards. Staff is recommending the Downtown zoning district, and the C-3 properties in the Downtown, be allowed to have 35% of their sign to be dynamic, with a maximum of 14 square feet, whichever is less. In addition to allowing dynamic signage in the Downtown district, Staff is also recommending to increase the size of the dynamic portion of the sign in Public and Institutional zoning districts and P/I uses in Residential District from 35% to 50%. An institutional use along County Road 42 would like to add a dynamic function to their sign, but the existing text size requirements that are based on traffic speed make installing dynamic signage impossible when combined with the maximum percentage of the sign area that can be dynamic. Staff feels that increasing the maximum area of dynamic capabilities of signs within the P/I zoning district and P/I uses located in Residential Districts is an appropriate solution. At the Planning Commission meeting in December, the Commission passed a motion to recommend increasing the total area of signs in the Public and Institutional zoning district and for public and institutional uses in Residential Districts. If approved, this change will increase the maximum dynamic area of signs in these districts to 25 square feet. This amendment is highlighted in a separate staff report elsewhere on the agenda. Zoning District Maximum Sign Area Current Maximum Dynamic Area (%) Current Maximum Dynamic Area (Sq Ft) Proposed Maximum Dynamic Area PI 32 Sq Ft 35 11.2 Sq Ft 50% DT 40 Sq Ft n/a n/a 35% or 14 Sq Ft whichever is less CONCLUSION AND RECOMMENDATION The regulations proposed for dynamic signs in Rosemount appear to be more restrictive than some other communities. Further, the sign limitations in the Downtown mean that the dynamic sign portion of the sign will be less than other portions of the City. Staff continues to support the amendment to permit some dynamic signage in the Downtown. Draft ordinances are included in the attachments should the Council decided to approve the amendment as recommended by the planning commission to allow only monochromatic dynamic signs in the Downtown. EXCERPT OF DRAFT MINUTES PLANNING COMMISSIONREGULAR MEETING NOVEMBER22, 2016 5.c. Request by City of Rosemount for a zoning ordinance text amendment to allow dynamic signs within the DT-Downtown Zoning District and to change the size of the dynamic portion allowed on a sign. (16-52-TA) Planner Nemcek gave a brief summary of the staff report. Chair Kenninger requested clarification on where a dynamic sign can go within different zoned properties. Nemcek gave a brief explanation on what the current ordinance is and how it would change within the zoning of Downtown. Commissioner VanderWiel confirmed if the Steeple Center sign is in compliance with our current brightness ordinance. Lindquist stated that she would check with the Parks Director who purchased it. Commissioner VanderWiel feels like the Steeple Center sign is not appropriate for the Downtown area. She doesn’t favor the brightness of the sign. She doesn’t feel like the Culvers sign is that bad for the location and that it is more consistent with what she would like for Downtown. She requests that they try to keep the signage in Downtown as muted as possible. Nemcek stated that Culvers is an LED sign but monochromatic. Chair Kenninger stated that she agrees that the Steeple Center sign does not fit with the location or purpose of the building (a historic church). She is concerned that once they start allowing the dynamic signs they can’t go back and the entire Downtown would be lit up. Commissioner Freeman stated that she would be supportive of a monochromatic sign. Lindquist stated that she is concerned about regulating color because there will be the expectation that the City will enforce the regulation. Commissioner VanderWiel questioned if there was a regulation on sign brightness couldn’t the City enforce it. Nemcek stated that the Culvers sign cannot change colors but the Steeple Center is a dynamic sign that is more intense and the color can be changed. Commissioner Clements stated that the street lighting has a lot to do with the look of Steeple Center sign. It’s a darker area vs. the Downtown area that has more street lights and parking lot lights. The public hearing was opened at 9:04 pm. Public comments: None Staff recommended continuing the item so that additional information can be obtained to answer some of the questions. Motion by Clements to continue the public hearing at the next Planning Commission Meeting on December th , 2016. 19 Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. EXCERPT OF DRAFT MINUTES PLANNING COMMISSIONREGULAR MEETING DECEMBER19, 2016 5.g. Request by City of Rosemount a zoning ordinance text amendment to allow dynamic signs within the DT-Downtown Zoning District and to change the size of the dynamic portion allowed on a sign. (16-52-TA) Planner Nemcek gave a brief summary of the staff report. Commissioner Mele inquired when the sign brightness was adjusted. Nemcek stated it was the same day the email was sent to the Commissioners. Commissioner Clements wanted to know if the city was not following the rules how do we enforce that others are compliant. Nemcek stated that in permitting process staff will call out those requirements to the applicants. Clements also asked how the city determined it was outside the standards. Nemcek stated the sign was initially on the default setting and staff can now go into the software and change the settings. Chair Kenninger feels it would be beneficial to add the brightness requirements to the sign permit. Commissioner Mele questioned about the display time of five minutes. Nemcek stated that time and temperature could be changed every 3 seconds all others would follow the five-minute rule. The intent is so the sign is not be distracting for drivers. Commissioner Freeman stated she can see a significant difference in the sign since the change. Chair Kenninger appreciates the investigation done and agrees that the there is a noticeable difference in the sign brightness. The public hearing opened at 8:03 pm. Public comments: None MOTION by Freeman to close the public hearing. Second by Clements. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 8:03 pm. Commissioner VanderWiel opposes introduction of dynamic signs in the Downtown, as it is not consistent with preserving the feel of the Downtown. She also feels that there are many other ordinances that are hard to enforce but the city feels that they are needed the benefit of the residents. It would be easier to enforce monocratic vs. brightness. Only one of the 10 cities reviewed allows signs in their downtown and it would seem reasonable to not allow dynamic signs within the small four-block area. She does not believe dynamic signs are consistent with the types of business we are trying to bring into the downtown area. Commissioner Clements feels that the most historic building is the Steeple Center and it already has a dynamic sign. He is in favor of monochromic signs. He also feels that dynamic signs look better than signs that have not been updated in some time. Commissioners Kenninger and Forster are in favor of monochromatic signs also. Commissioner Mele is in favor of colored signs, he can understand that it could be overwhelming but there are only a few at this point. He also feels that Rosemount’s Downtown is not a historic downtown and we shouldn’t try to pretend we are like other historic cities, like some of the communities mentioned by staff. Commissioner Freeman wouldn’t be against colored signs but would prefer monochromatic because it is harder to enforce that a sign is too garish. Motion by Mele to recommend Approval of the Text Amendment to the City Council as written. Second none, motion doesn’t pass. Motion by Forster to recommend Approval of the Text Amendment to the City Council with the modification of item 10 to be monochromatic within the downtown district. Second Clements. Ayes: 4. Nays: 2 Mele and VanderWiel. Motion Passes. City of Rosemount Ordinance No. B- XXX AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO DYNAMIC SIGNS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11-8-4.E: Dynamic Signs: Dynamic signs are allowed subject to the following standards: 1. District Limitations: Dynamic signs may be located on properties within the C-3 highway commercial (excluding the downtown study area as designated in the development framework for downtown Rosemount), C-4 general commercial. Dynamic signs are also permitted in PI public and institutional, and DT downtown districts, so long as the property has frontage along an arterial road or major collector as designated in the comprehensive plan. Dynamic signs may also be located on public and institutional uses within a residential zone, provided the site has an approved conditional use permit (CUP) and complies with all other sign standards and is located on a designated arterial or major collector road. (Ord. B-221, 4-17- 2012) 2. Location: The sign must be located on the site of the use identified or advertised by the sign. 3. Orientation: When located within one hundred fifty feet (150') of a residential use or zone, dynamic signs must be oriented so that no portion of the sign face is visible from the residential use or zoning district. 4. Type Of Sign: Dynamic signs are limited to ground signs only. 5. Text Size And Legibility: The following minimum text sizes shall apply to all dynamic signs. If a sign is located on a corner with streets that have differing speed limits, the minimum text size shall be based on the standard for the higher speed limit to ensure maximum legibility. MINIMUM TEXT SIZES FOR DYNAMIC SIGNS Speed Limit Of Adjacent Road Minimum Text Size (Miles Per Hour) (Inches) 25 to 34 7 35 to 44 9 45 to 54 12 55 or more 15 6. Mode: Dynamic signs shall only be allowed to operate in a static mode. Animation, motion or video displays are prohibited. Any change from one static display to another must be instantaneous and shall not include any distracting effects, such as dissolving, spinning or fading. 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. Size And Number Of Dynamic Display: The dynamic portion of any sign shall not exceed thirty five percent (35%) of the total allowable area of the sign, except for the Public and Institutional district and Public and Institutional uses within residential districts where the maximum percentage shall be fifty percent (50%). The dynamic portion of signs within the downtown study area as designated in the 2004 Development Framework for Downtown Rosemount is 35% or fourteen (14) square feet whichever is less. The remaining percentage of the allowable sign area cannot have dynamic capabilities even if it is not used. Each site can have only one dynamic sign and that sign can have only one dynamic display. 8. Minimum Display Time: The minimum display time shall be five (5) minutes. One exception to this standard would be for time, date and temperature signs which the federal court has acknowledged as a justifiable exception to limitations on variable message signs. The time, date and temperature information may change no faster than once every three (3) seconds, provided that the display of this information remains for at least five (5) minutes before changing to another display. 9. Brightness: Dynamic signs shall not exceed a maximum illumination of five thousand (5,000) nits during daylight hours and a maximum illumination of five hundred (500) nits between dusk to dawn as measured from the sign's face at maximum brightness. All dynamic sign applications shall include certification from the sign's manufacturer that the sign has been preset to conform to the luminance levels noted above and these settings are protected from end users' manipulation by password protected software. 10. Color: Dynamic signs may use multiple colors within the display but the use of color shall not create distraction or a hazard to the public health, safety or welfare. No portion of the display may change in color or color intensity in any manner. Each line of text in any direction shall be uniform in color. 11. Operation: All dynamic signs shall be equipped with a means to immediately discontinue the display if it malfunctions. The owner of a dynamic sign must immediately cease operation of their sign when notified by the city that it fails to comply with the standards of this chapter. The dynamic sign shall remain inoperable until such time that the owner demonstrates to the city that the device is in satisfactory working condition and conforms to the standards of this chapter. Appeals of the city's direction regarding the operation of a dynamic sign shall follow the appeals process outlined in chapter 12, "Board Of Appeals And Adjustments", of this title. 12. Application To Existing Signs: The dynamic sign standards shall apply to all existing and future dynamic signs, unless otherwise determined by the city that an existing sign qualifies as a nonconforming use under state statute or this code. Any existing dynamic sign that cannot meet the minimum text size as required by the speed limit must use the largest size possible for one line of copy to fit in the available display space. Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 20th day of December, 2016. CITY OF ROSEMOUNT ______________________ William H. Droste, Mayor ATTEST: Clarissa Handler, City Clerk City of Rosemount Ordinance No. B- XXX AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO DYNAMIC SIGNS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11-8-4.E: Dynamic Signs: Dynamic signs are allowed subject to the following standards: 1. District Limitations: Dynamic signs may be located on properties within the C-3 highway commercial (excluding the downtown study area as designated in the development framework for downtown Rosemount), C-4 general commercial. Dynamic signs are also permitted in PI public and institutional, and DT downtown districts, so long as the property has frontage along an arterial road or major collector as designated in the comprehensive plan. Dynamic signs may also be located on public and institutional uses within a residential zone, provided the site has an approved conditional use permit (CUP) and complies with all other sign standards and is located on a designated arterial or major collector road. (Ord. B-221, 4-17- 2012) 2. Location: The sign must be located on the site of the use identified or advertised by the sign. 3. Orientation: When located within one hundred fifty feet (150') of a residential use or zone, dynamic signs must be oriented so that no portion of the sign face is visible from the residential use or zoning district. 4. Type Of Sign: Dynamic signs are limited to ground signs only. 5. Text Size And Legibility: The following minimum text sizes shall apply to all dynamic signs. If a sign is located on a corner with streets that have differing speed limits, the minimum text size shall be based on the standard for the higher speed limit to ensure maximum legibility. MINIMUM TEXT SIZES FOR DYNAMIC SIGNS Speed Limit Of Adjacent Road Minimum Text Size (Miles Per Hour) (Inches) 25 to 34 7 35 to 44 9 45 to 54 12 55 or more 15 6. Mode: Dynamic signs shall only be allowed to operate in a static mode. Animation, motion or video displays are prohibited. Any change from one static display to another must be instantaneous and shall not include any distracting effects, such as dissolving, spinning or fading. 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. Size And Number Of Dynamic Display: The dynamic portion of any sign shall not exceed thirty five percent (35%) of the total allowable area of the sign, except for the Public and Institutional district and Public and Institutional uses within residential districts where the maximum percentage shall be fifty percent (50%). The dynamic portion of signs within the downtown study area as designated in the 2004 Development Framework for Downtown Rosemount is 35% or fourteen (14) square feet whichever is less. The remaining percentage of the allowable sign area cannot have dynamic capabilities even if it is not used. Each site can have only one dynamic sign and that sign can have only one dynamic display. 8. Minimum Display Time: The minimum display time shall be five (5) minutes. One exception to this standard would be for time, date and temperature signs which the federal court has acknowledged as a justifiable exception to limitations on variable message signs. The time, date and temperature information may change no faster than once every three (3) seconds, provided that the display of this information remains for at least five (5) minutes before changing to another display. 9. Brightness: Dynamic signs shall not exceed a maximum illumination of five thousand (5,000) nits during daylight hours and a maximum illumination of five hundred (500) nits between dusk to dawn as measured from the sign's face at maximum brightness. All dynamic sign applications shall include certification from the sign's manufacturer that the sign has been preset to conform to the luminance levels noted above and these settings are protected from end users' manipulation by password protected software. 10. Color: Dynamic signs may only be capable of monochromatic coloration. 11. Operation: All dynamic signs shall be equipped with a means to immediately discontinue the display if it malfunctions. The owner of a dynamic sign must immediately cease operation of their sign when notified by the city that it fails to comply with the standards of this chapter. The dynamic sign shall remain inoperable until such time that the owner demonstrates to the city that the device is in satisfactory working condition and conforms to the standards of this chapter. Appeals of the city's direction regarding the operation of a dynamic sign shall follow the appeals process outlined in chapter 12, "Board Of Appeals And Adjustments", of this title. 12. Application To Existing Signs: The dynamic sign standards shall apply to all existing and future dynamic signs, unless otherwise determined by the city that an existing sign qualifies as a nonconforming use under state statute or this code. Any existing dynamic sign that cannot meet the minimum text size as required by the speed limit must use the largest size possible for one line of copy to fit in the available display space. Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 20th day of December, 2016. CITY OF ROSEMOUNT ______________________ William H. Droste, Mayor ATTEST: Clarissa Handler, City Clerk