Loading...
HomeMy WebLinkAbout10.C.3. Approval of Text Amendment for Electronic Signage-Ord. No. 859 IO . C . 3, CITY OF SHAKOPEE Me�rrorandum CASE NO.: 1 1-014 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner [I SUBJECT: Text Atnendment for Electronic Signage MEETING DATE: August 21, 2012 REVIEW PERIOD: July 27,2011 —August 21,2012 ACTION SOUGHT Offer and pass Ordinance No. 859, An Ordinance approving a Text Amendment regarding Electronic Signage. This action has no immediate budget impact. INTRODUCTION Holiday StationStores has made application for a text amendment regarding electronic signage. As a part of its application, the applicant provided 2 alternatives for draft language. These alternatives proposed a change in the ai�ount of ti►ne allowed between i��essage chai�ges on elecironic signage. C�►rrent regulations allow electronic messages to change 8 times per day and no more often than 30 minutes. PLANNING COMMISSION RECOMMENDATION The Planniug Cominission reviewed the proposed text amendment at several meetings and at its August 9 meeting recommended approval of the ainendmei�t to the City Council. A copy of the Plannii�g Commissioi� report is attached for the Council's reference. The draft language recommended by the Planning Coinmission is included in the draft Ordinance No. 859. Staff would like to i�ote for the Council that the review period o�� this application expires on August 2]. If the Council needs additional time before making a decision, an extension to the review period must be received from the applicant. This item is related to Goal B: Positively manage the challenges and opportunities presented by growth, development and change. ALTERNATIVES 1. Approve the text amendment as presented. 2. Approve the text amendment with revisions. 3. Deny the text amendment. 4. Table action on this item and direct staff to prepare additional information. ACTION REQUESTED Approve Ordinance No. 859, An Ordinance Amending Chapter 11 Regarding Electronic Signage, as presented or with revisions, ai�d move its adoption. , � ` ;����,�,�.(� �:����/�/ji�� �' u�lie Klima lanner 11 h:Ace\2012\8-21-12\I 1014 text amendment electronic signs.docx 1 ORDINANCE NO. 859, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11 (ZONING) REGARDING ELECTRONIC SIGNAGE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 —That City Code Chapter 11 (Zoning) is amended to add the language as follows: Language which is underlined shall be added. Language which is s�e�H�shall be deleted. Changes are limited to Section 11.02 Definitions and 11.70, Subd. 2, Items A through D. No other sections of the Ordinance shall be modified with these changes. Section ll.02 Definitions. (add in alphabetical order, renumbering appropriately) • Si� Alpha/Numeric Monochrome: a sign or portion of a si�n that can display electronic non-pictorial text. In the case of�as stations, pricin� boards for gasoline/diesel shall not be counted toward allowable si�nage area. • Si�n, Electronic Message Centers: a si�n or portion of a si�n that can electronically display any combination of words, rg,�aphics, pictorial text and multiple colors. In the case of gas stations, pricin�boards for gasoline/diesel shall not be counted toward allowable si��e area. • > > , , � • � ao<,;,.o ; ,.�„ao� ��.o oio.,,o,,.� ao�,,,.;i,oa „�.,,.,o Section 11.70, Subd. 9.H (affecting Highway Business and Major Recreation Zones) �''��^n°^'�'° �''°^*�^„;� c;?^� Alpha/Numeric Monochrome si ns. . , . , . � . , . , . . � > ; 0 ,rl,;,-�., !2n\ ,,, „ra�• cc » cc >> . � . l. One alpha/numeric monochrome si�n shall be allowed per parcel subject to the following conditions: a) Only one tYpe of electronic si�r��e is permitted per parcel. Either an a1�11a/numeric monochrome si�n can be used or an electronic inessa�e center sign may be used. a) The alpha/numeric monochronle si�n shall be limited to 32 square feet in area(per side for double sided si�ns). The si�n area for the alpha/numeric monochrome si n shall count a�ainst the overall si��e area allowed for the use. b) The alpha/numeric monochrome si T�y not change more often than once ever�l minute. c) Alphalnumeric monochrome si�ns must have a li�ht sensing device that will adjust the brightness of the display as the natural ambient light conditions chan� 2 d) Alpha/ntiimeric monochrome si�ns shall be limited to 500 NITS from sunset to sunrise. These signs shall be limited to 7500 NITS from sLinrise to sunset. Additionall , t�gn shall not exceed .3 foot candles above ambient light levels 100 feet from the sign face. e) Only one alpha/numeric monochrome sipn shall be allowed per si ng face• � The images and messa eg s displayed must be static, and the transition from one static display to another must be instantaneous without an�pecial effects. g) The images and messa eg s displayed must be complete in themselves, without continuation in content to the next ima�e or message ar to any other si� h) If there is a violation of brif,htness or frequenc�of inessa e� chan�n� standards, the adjustment must be made within one business day upon written or verbal notification from the City. i) Alpha/numeric monochrome signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equi�ped with a means to immediately discontinue the display if it malfunctions, and the sign owner/operator must immediately stop the display when notified bv the city that it is not in compliance with this chapter. Section 11.70, Subd. 9.I (affectin� Hi�hway Business and Major Recreation Zones) Electronic Messa�e Center Si n�s. l. One electronic message center si�n shall be allowed per parcel subject to the following conditions: a) Only one type of electronic si��na�e is permitted per parcel. Either an alphalnumeric monochrome sign can be used or an electronic message center si�n may be used. b) The electronic messa�e center sign shall be limited to 32 square feet in area (per side for double sided signs . The si�n area for the electronic messa�e center sign shall count a�ainst the overall signage area allowed for the use. c) The electronic messa�e center sign may not change more otten than once ever� minute. d) All electronic messa�e center si�ns must have a li�ht sensin� device that will adjust the brightness of the display as the natural ambient light conditions chan Je. e) Electronic message center signs shall be limited to 500 NITS from sunset to sunrise. These signs shall be limited to 7500 NITS from sunrise to sunset. Additionally, the sign shall not exceed .3 foot candles above ambient light levels 100 feet from the si n� face• � The electronic messa�;e center sign shall be located a minimum of 125 feet from the sign structure to the boundary of a residential use. g) Only one electronic message center si�n shall be allowed per si ng face• h) The images and messa�es displayed m�lst be static, and the transition fron7 one static display to another must be instantaneous without any special effects. i) The images and messa e� s displayed must be complete in themselves, without continuation in content to the next ima�e or message or to any other sign. j) If there is a violation of bri�htness or frequency of inessa e changing standards, the adiustment must be made within one business da�pon written or verbal notification from the City. k) Electronic messa�e center si�;ns must be desi�ned and equi�ped to freeze the device in one position if a malfilnction occurs. The displays must also be equipped with a means to iinmediately discontinue the display if it malfunctions, � � and the si�n owner/operator must immediately stop the display when notified by the city that it is not in compliance with this chapter. Section 2. The City Council adopts the following findings of fact relating to the request to modify the language in the City's zoning ordinance regarding electronic signage. Criteria#1 That the original zoning ordinance is in error; Finding #1 The original zoning ordinance is not in error. The original zoning o�°dinance reflects a regulation that was consistent, at the time of its adoption, with the technology available regarding electronic signage. The proposed amendment reflects a change in technological advances. Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have taken place in that more frequent message changes, specific regulation regarding brightness and message chunges are warranled as technology and the neec�s of businesses change. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; Finding#3 Changes in City-wide oi� neighborhood development patterns have not occurred. Criteria#4 That the Comprehensive Plan requires a different provision; Finding #� The Comp�ehensive Plan does nol �^equire a diffeNent provision. Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 2012. Brad Tabke, Mayor ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2012. 4 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II RE: Text AnZendment Regarding Electronic Signs DATE: August 9, 2012 CASELOG NO: 11-014 REVIEW PERIOD: July 27, 2011 - August 21, 2012 DISCUSSION Holiday Station Stores has submitted an application for a text amendment regarding electronic signage. The public hearing for this item was conducted (the public hearing was opened and closed) in September 2011. At the Commission's meeting on July 12, 2012, it directed staff to prepare a matrix of proposals in order to assist with comparing and contrasting the various proposals. Additionally, the Commission requested that staff prepare draft language for the Commission to review and consider. Please see attached as Exhibit A, a copy of the current language in City Code governing changeable electronic signs. The current regulations do not differentiate between "reader boards", which are those electronic signs that can produce an electronic message using alpha/numeric characters but not pictorial text, and "electronic message centers" which can include graphics, symbols, and color in addition to the alpha/numeric message. Staff has prepared draft language to define these two sign options separately. This language is as follows: • Alpha/Numeric Monochrome Signs: a sign or portion of a sign that can display electronic non-pictorial text. In the case of gas stations, pricing boards for gasoline/diesel shall not be counted toward allowable signage area. • Electronic Message Centers: a sign or portion of a sign that can electronically display any combination of words, graphics, pictorial text and multiple colors. In the case of gas stations, pricing boards for gasoline/diesel shall not be counted toward allowable signage area. Attached as Exhibit B is the matrix outlining the current regulations, the 2 alternatives posed by the applicant and the items discussed by the Planning Commission at its July meeting. Staff has prepared the following draft language for the Commission to review and consider. This language is based on the priar discussions that have been held by the Planning Commission and the direction resulting from those discussions. Underlined language is proposed for addition. ��c�k�e�gl� language is proposed for deletion. Section 1 L02 Definitions. (add in alphabetical order, renumbering appropriately) • Sign, Alpha/Numeric Monochrome: a sign or portion of a si�n that can display electronic non-pictorial text. In the case of gas stations, pricin� boards for �asoline/diesel sliall not be counted toward allowable si�na eg area• • Sign, Electronic Messa�e Centers: a sign or portion of a sign that can electronically displav any combination of words, graphics, pictorial text and multiple colors. In the case of gas stations, pricin�; boards for �asoline/diesel shall not be counted toward allowable signa e� . , , � , � �'rvc�6Pci••"� 1;`��#�-5-0�-0�°,- ;lc�-�-ram�"""i"rr��n*'T�0i3-�@a�'-�E�S,dk���a'r-�s���iir�'-�i-cir.Z�r�rc^c�'6iiic c�-rrgiT > „L,o,.o;., �l,o ,. o..r;..�, .ao.,;�.o ; �l,,,ao� tl�,� olo,,,o,�t� .ao�..,-�L.o.a .,L..,.,o Section 11.70, Subd. 9.H T'��g�eEt�a��g�-s: Alpha/Numeric Monochrome si�. . , . , . �n �x�.,ii c;,.,,�. � . , . . � �,. �t.,,,,a; ,,,a p,,,-���,io c; � �„ �,a ,�i,* ,,,,a o��..,,.i,. "'> > � � q. T��"cc u��e-&EE6�fi�i-t@��-G2t�i @�e'���3 '�ira°c�0 " ��c'ar'r9�o�vL°� 1. The alpha/numeric monochrome si�n shall be limited to 32 square feet in area (per side for double sided si�ns). 2. The alpha/numeric monochrome sign may not change more often than once ever� minutes. 3. Alphalnumeric monochrome si�ns i�iust have a light sensing device that will adjust the bri�htness of the display as the natural ambient light conditions chan�e. 4. Alphalnumeric monochrome si�;ns shall be limited to 500 NITS from 9 pm to 7am. These si�ns shall be limited to 7500 NITS from 7 am to 9 pm. Additionally, the sign shall not exceed .3 foot candles above ambient li�ht levels 100 feet from the si n face. 5. Only one alphalnumeric monochrome sign shall be allowed per si�n face. 6. The ima�es and messa eg s displayed must be static, and the transition from one static display to another must be instantaneous without an�pecial effects. 7. The images and messa e�played must be complete in themselves, witho�it continuation in content to the next ima�e or message or to any other si�n. 8. If there is a violation of bri�htness or frequencv of inessa eg chan�in� standards, the ad�ustment inust be made within one business day upon written or verbal notification from the City. 9. Alpha/numeric monochrome si�ns must be desi�ned and eq�ped 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/operator must immediately stop the display when notified bv the city that it is not in compliance with this chapter. Section 11.70, Subd. 9.I Electronic Messa�e Center Si �ns. 1. One electronic messa�e center sif,n shall be allowed per parcel subject to the following conditions: a) The electronic messa�e center si�n shall be limited to 32 square feet in area(per side for double sided si�ns). b) The electronic message center si�n mav not change more often than once ever� minutes. c) All electronic messa�e center signs must have a li�ht sensing device that will adjust the brightness of the display as the natural ambient li�ht conditions chan�e. d) Electronic message center si�ns shall be limited to 500 NITS from 9 pm to 7am. These signs shall be limited to 7500 NITS from 7 am to 9 pm. Additionally, the sign shall not exceed .3 foot candles above ambient li�ht levels 100 feet from the si ng face. e) The electronic messa�e center sign shall be located a minimum of 125 feet from the si�n structure to the boundary of a residential use. � Only one electronic messa�e center sign shall be allowed per si n face. g) The images and messa e�plaved must be static, and the transition from one static display to another must be instantaneous without any special effects. h) The ima�es and messa e�s displayed must be complete in themselves, without continuation in content to the next image or inessa�e or to any other si�n. i) If there is a violation of brightness or frequency of inessa e chan��standards, the adjustment must be made within one business da�pon written or verbal notification from the City. j) Electronic messa�e center si�ns must be desi�ned and equi�ped to freeze the device in one position if a malfunction occurs. The displays must also be equip�ed with a means to immediately discontinue the display if it malfunctions, and the si�n owner/operator must immediatel�p the display when notified by the city that it is not in compliance with this chapter. If the Planning Commission is unable to reach a consensus on this request, it should be noted that the current review period for this application expires on August 21. Therefore, if the applicant is able to grant an extension to the review period, the Planning Commission could table the time for further review or disc�ussion. However, if the applicant is unable to grant an extension to the review period, the Planning Commission should imake a recommendation to the City Council so that the Council can review and take action on this item at its August 21 s` meeting to ensure that the review period does not expire. ALTERNATIVES 1. Recommend to the City Council the approval of a text amendment, as proposed by staff. � 2. Recommend to the City Council the approval of a text amendment, with revised language. 3. Recommend to the City Council the denial of the text amendment. 4. Table action on this item and request additional information from staff and/or the applicant, as well as a review extension from the applicant. ACTION REQUESTED Offer a motion to the City Council consistent with the ishes of the Planning Commission. �_ u ie a - lanner II h:Aboaa-pc\2012\8-9-12\electronic sign text amendment I I-014.docx EXHIBIT A Current language governing electronic signs for the B1 and MR zones is as follows: Changeable Electronic Signs. 3. If wall signs, shall be limited to the area provided generally in Code Section 11.70, Subd. 9A Wall Signs; =1. If freestanding signs, shall comply with the requirements of Code Seclion 11.70, Subd. 9.C Freestanding and Portable Signs as to area, height and setback; S. That the freque�cy of�change Ue limi�ed to up to eight (8) times per day and no greater lhan every thirty (30) minutes; 6. That the change be accomplished eithe�° in�mediately, by 'fade" or by "dissolve". The regulations in Section 11.70, Subd. 9A identify the amount (square footage) of signage allowed on the building walls. The definition provided for Electronic Changeable Copy Signs is as follows: A sign or portion of a sign that displays electronic, non pictorial text information in which each alphanumeric charucter, g�°aphic, or symbol consist�s of or is defined by matrix elements using different combinations of light errzilling diodes (LEDs),,fiber optics, light bulbs or other illumination devices within the displcry area. Electronic changeable copy signs include images or messages projected onto building or other objects, wherein the projection device includes the elements described above. EXHIBIT B Sign Issue Current Regs Applicant Alt. 1 Applicant Alt. 2 PC Points Defi��ition of Alpha Numeric& Only define electronic Revises existing definition to Adds definition of The Commission Electronic Message Boards changeable copy include pictorial information, Electronic Message Center wanted to see graphics& symbols signs: a sign capable of differentiation between displaying words, syir�bols, alpha numeric signs figures, colors or images and those that are that can be electronically capable of producing changed by remote or colors, pictures, automatic means symbols, etc. Signage Area and # Allowed Per area of signs (all types, Electronic area proposed to be Electronic area proposed to Not all Commissioners Parcel i��cluding electronic) is lii��ited to 32 square feet and be limited to 32 square feet weighed in ot� this regulated by length of wall only 1 per parcel and only 1 per parcel issue but tl�ose that did on which it is placed (i��ax indicated an interest in 200 sq.ft on front or 100 limiting electronic sq ft not on fi�ont)or the signs to one per parcel amount of street frontage on which it is placed (max of 125 sq ft per side) Spacing from Residential Uses Not addressed Not addressed Not addressed 125 feet from the edge of the sign to tlle property line of a residential use Frequency of Message Change 8 times per day maximum 30 seconds 30 seconds Commission discussed and no greater than every a variety of options 30 minutes ranging from 30 seconds, 3 minutes, and 5 minutes Transition between messages Immediate transition by ]mi��ediate transition by Ll�mediate transition— Immediate trai�sition— fading or dissolving fading or dissolving no special effects allowed no special effects al lowed Brightness Not addressed Not addressed 500 NtTS at nighttime; 500 N1TS at nigllttime; 7500 NtTS during 7500 N1TS duriug daytime; not to exceed .3 daytime; not to exceed foot candles above ambient .3 foot caudles above light levels 100 feet from ambient light levels sign face 100 feet from sig�� face EXHIBIT C Proposed Alternatives The applicant's primary concern is allowing the message to change with more frequency than is currently allowed. The applicant is proposing that the sign be allowed to change its message every 30 seconds. Current regulations allow a change every 30 minutes up to 8 times per day. The applicant has proposed two alternatives to address their concerns. Language that is underlined is proposed for addition. Language that is °*r„�'-*'�r�„�'� is proposed far deletion. Applicant Alternative No.l: The first alternative proposes altering the existing language governing electronic signs. The definition proposed for Electronic Changeable Copy Signs is as follows: A sign or portion of a sign that displays electronic, �t or pictorial te� information in which each alphanumeric character, or graphic, or symbol consists of or is defined by n�atrix elements using different comb�nations of light emitting diodes (LEDs),fiber optics, light bulbs or other illumination devices• within the display a�°ea. Electronic changeable copy signs• include images or messages projected onto ba�ilding or other objects, ���herein the projection device includes the elements described crbove. In addition, the applicant is proposing the following changes to the regulations for electronic signs: Changeable Electronic Signs. 1. If wall signs, shall be limited to the area provided generally in Code Section 11.70, Subd. 9A Wall Signs; 2. , . , . n�r �,,,,,,r*�„�,a;,�,� �,�a p„U,,,�,�� c�;,,,��. , �. �„ � �„�;,.�t �,�a ��,�,,.,,�. I art o �a _freestanding sign, shall not exceed thirt -y two (32�quare feet in area ; 3. That the frequency of change be limited lo up to once every thirtv (30) seconds ";�� =�. That the change be accomplished either immediately, by "fade" o�� hy "dissolve". Applicant Alternative No. 2 The second alternative proposed by the applicant conteinplates a new definition and regulations for electronic signage. The applicant proposes the following language be added to the City Code. Section 11.02 Definitions. Signs, Electronic Messa�e Center— a sign or portion of a si�n capable of displaying words, symbols, figures, colors or ima�es that can be electronicall�n�ed by remote or automatic means, an electronic message center. Section 11.70, Subd. 9.H (for Highway Business and Major Recreation Zones) Electronic Message Center Si� l. Location on a wall or a freestandin�gn. Electronic messa�e center si ns ma ��be located on either a wall or a freestandin�� 2. Number of electronic messa�e center signs. There shall not be more than one (1) electronic message center sign located on a parcel or zonin� 3. Maximum display area of electronic message center signs. The si�n area of an electronic message center display shall not exceed thirty-two 32) square feet The area of electronic messa�e center display shall be included in the calculation of the total permitted si�n area. 4. Character of the message and display. Electronic message center signs must only displav static and stable text and/or ima�es. Other modes of displa�� messa�es, includin� scrolling, are prohibited. Modes of display that caLise the message to flash are prohibited. 5. Duration of the message. Any messa�e on the display shall remain static or stable for not less than thirtY(30) seconds. The interval between serial messa�e or changes of the display shall be at least thirty (30) secoilds. 6. Transition between messa�es. The transition from one static and stable display to another must be direct and immediate without anY special effects including fadin�, starbursts, wi�in�, and dissolving. 7. Maximum bri�htness and illumination. Electronic message center signs shall be restricted in their illumination and brightness so that no sign with electronic messa�e center displa�may exceed a maximum illumination of 500 NITS durin the ni ht� and 7500 NITS durin� the daytiine. All si�ns with electronic message center displays must be ec�uipped with an automatic dimmer control or other mechanism that automaticall�controls the electronic messa�e center display's brightness to com�l� this requirement and assure at any time the si�n's intensity does not exceed 0.3 foot candles above ambient li�ht levels as measured from one hundred (100) feet from the si�n's face. If there is a violation of the bri�htness standards the adjustment must be made within one (1) business day upon notice of noncompliance from the Cit� 8. Malfunctionin� electronic messa�e center si�ns. Sings with electronic message center displays must be desi�ned and equipped to freeze the sign face in one position if a malfunction occurs. Si�ns with electronic message center displavs must also be equipped with a means to immediately discontinue the display if it malfunctions. 9. Operation of an electronic messa�e center si�n not in compliance with these re�ulations. The si�n owner or operator must iinmediately turn off the display within one (1) hour of notification by email from the City that it is not compl�� with the standards of this ordinance.