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HomeMy WebLinkAbout10/16/2007 MAPLEWOOD PLANNING COMMISSION Tuesdav. October 16, 2007 6:00 PM City Hall Council Chambers 1830 County Road BEast (Parks and Historical Preservation Commissions Invited) 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes None 5. Public Hearings None 6. New Business a. Gladstone Neighborhood Streetscaping Plans (Tom Harrington - Kimley-Horn) b. Concept Review - English Street Manufactured Home Site Redevelopment Plan (1880 English Street) 7. Unfinished Business a. South Maplewood Study - Rose Lorsung - Schoell Madson (South of Carver Avenue) 8. Visitor Presentations 9. Commission Presentations October 8 Council Meeting: Mr. Roberts (Mr. Trippler) October 22 Council Meeting: Mr. Martin November 12 Council Meeting: ?? (Mr. Hess) November 26 Council Meeting: Mr. Boeser 10. Staff Presentations a. November 6 Meeting (Election Night) - Monday, November 5 b. Sign Code Amendment Update - City Attorney Alan Kantrud 11. Adjournment MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: Greg Copeland, City Manager Shann Finwall, AICP, Planner Concept Review - Redevelopment of the English Street Manufactured Home Site 1880 English Street October 10, 2007 for the October 16 Planning Commission Meeting INTRODUCTION Calvin Seegar of Crossroads Financial Group, LLC, has a purchase agreement on the English Street manufactured home site at 1880 English Street. The site is 1.22 acres in size and currently has 19 rental manufactured homes and a commercial building on the property. Mr. Seegar is proposing to redevelop the site with a senior apartment building with 38 units, 20 surface parking stalls, and 40 underground parking stalls. Mr. Seegar is requesting concept review of the redevelopment proposal by the community design review board and the planning commission. DISCUSSION Comprehensive and Redevelopment Plans The property is guided as Gladstone Mixed Use (G M-U). This allows densities of 20 to 30 units per acre, with a mixture of neighborhood commercial uses. The site is 1.22 acres in size. The comprehensive plan densities and the size of the site at face value would allow 24 to 37 units (1.22 x 20 = 24 and 1.22 x 30 = 37). However, the site is also guided by the Gladstone Neighborhood Redevelopment Plan which was approved by the city council in April 2007. The redevelopment plan specifies that the development strategy for the English Street South area (land located on the east side of English Street, south of Frost and north of Summer Avenue, including 1880 English Street) is the development of up to 60 units with a mixture of 40 percent commercial (see development strategy attached). The English Street South area encompasses 3.45 acres. The English Street manufactured home site encompasses 35 percent of the overall English Street South area (1.22 acres/3.45 acres = .35). Therefore, the redevelopment plan limits the density on the site to 21 units (60 x .35 = 21). Therefore, in order to allow for 38 units on the site, the city would need to approve an amendment to the redevelopment plan. This has been explained to the applicants. They are concerned that with the cost of redevelopment, 21 units would not make the project financially viable. Therefore, they are requesting feedback from the board and commission on an amendment to the redevelopment plan to allow for additional density on the site. Zoning A new zoning district designed to enable the city to achieve the desired pattern and character of uses as defined in the Gladstone Neighborhood Redevelopment Plan will ultimately be implemented in the Gladstone Neighborhood. The city recently hired a new consultant to work on the Gladstone zoning district. In the meantime, the existing zoning districts would apply for any redevelopment in the area. The existing zoning district on the property is Business Commercial (B-C). Any multi- family housing that is permitted in the Multiple Dwelling Residential (R-3) zoning district is also allowed in the B-C zoning district with a conditional use permit. Therefore, the multi-family senior housing development could be approved in the B-C zoning district with a conditional use permit. In order to allow flexibility from the strict standards of the R-3 zoning district's requirements for setbacks, number of parking spaces, etc., the city could also process the development as a planned unit development. Development Strategy The Gladstone Neighborhood Redevelopment Plan specifies the proposed development strategy for this site as a mix of commercial and residential uses. The proposed multi- family senior housing development would meet that strategy. In addition, it appears that the development meets the setback and height requirements as specified in the Gladstone Neighborhood Redevelopment Plan. Parking City code requires two parking stalls per unit. As proposed the 38-unit senior housing development would require 78 parking stalls. The applicant's concept plans show 60 parking stalls. This reduction in parking could be addressed as part of the planned unit development process. Engineering Erin Laberee, assistant city engineer, states that based on the preliminary sketch the applicant would be required to infiltrate 1" of runoff over all impervious surfaces. Soil borings will be required for proposed infiltration areas. The developer shall also submit the proposed traffic numbers generated from this site. RECOMMENDATION Review and give feedback on the English Street Manufactured Home site concept plans for a senior housing development. P:\sec15\english street manufactured homes\10-9-07 CDRB Concept Review Attachments: 1. Location Map 2. Narrative 3. Concept Plans 4. Section of the April 2007 Gladstone Neighborhood Redevelopment Plan- English Street South Development Strategies 2 ~ . <.0 RYAN ,,'-IE ~ D~ 1 4 0 \] FROST AVE <Xl N ~ " > f- 00 :c 00 :J CJ z w o Qa ill 1946 = = r- 0 ~ ""' ~ EJ[il&~~~~[]J ,- ,- ...-- ...-- ...-- ,........- ,- tJ [jJ LJ~ o D 0 D ~OfJ ~ ~ FRISBIE AVE 000 [J ~ ~O /}&f&1) f- 00 :c 00 :J CJ z w a 18Q 0 '1<11991 ~ Attachment 1 ~ ""' ~ " " ""' 1899 o ~ ~1 o Dl~5 1851 [J35 831 o ~25 Wl17 DO D'D ~01 o 1~ ~3 ~5 ~7 [j;49 ~1 1~a FROST AVE 1380 f- 00 1900 w () z w '" :'i () 00 [393 ~ w Q 1~ 1~ 1~ D 1@ 1€,O ~1 ~1 o SUMMER AVE 1~ @1 o /ill41 o Gl33 o 1EJ 0 1~ 1{!3 1~[l~ --oJ "" 0821 Attachment 2 MLSE MLSE Co., Inc. 248 Apollo Drive Lino Lakes, MN 55014 Metro Land Surveying & Engineering Measw'e{l Pe,"onlUUlce - Recordable Result.<; (763) 398-6830 (763) 398-2466 fax PROJECT NARRATIVE - 1880 ENGLISH STREET The proposed project at 1880 English Street lies within the City of Maplewood's Gladstone neighborhood. Recently the City has prepared a master plan for the Gladstone neighborhood to facilitate long-term development with mixture of residential housing, retail, parks, and open space. The proposed project is located in the mixed use category of the Gladstone Redevelopment Plan. The mixed use land use allows retail, office, residential, or a combination of the uses. The proposed project focuses on the residential aspect of the land use. The Gladstone Master Plan indicates that the residential uses within the mixed use category should be of higher density and the greatest density of the Gladstone Area. The plan calls for densities that should be in the range of 20 to 30 units per acre. The proposed development is 50,275 square feet (1.15 acres). In accordance with the Gladstone Master Plan, the proposed complex should result in 23 to 35 units. The proposed project will replace the existing trailer park with a multi-story apartment style building. Under the Neighborhood Development Code, the project is part of the Village Core District. English Street is designated as a main village street. The combination of these results in a street frontage category of F I, allowing up to a 4-story building. The proposed project currently shows 38 units, which is a slightly greater density that the Master Plan indicates but makes the project financially viable. Village Core District encourages pedestrian circulation and elements. English Street does not currently have sidewalk along the project. A concrete sidewalk could be constructed along the right-of-way of English Street as part of the project if future connections and accessibility seem to make sense. The project would provide a pedestrian connection to the open space corridor to the east of the site. Run-off from the site is currently handled by a regional pond, however an infiltration basin will be constructed to handle typical rain events. Boulevard and ornamental trees would be planted after completion of the construction along the perimeter of the project. The proposed apartment building itself will likely be a senior citizen oriented project. The building would not be an assisted living complex, but focus on independent living. It would have the ability to have amenities such as a library, community room, etc. The independent living complex proposes underground parking for residents with a separate parking area for guests. Copyright 2006 I MLSE Area Takeoff I Unit Mix English Street Feasihility Gladstone Redevelopment Maplewood, Minnesota NSF 1st Floor I 2nd Floor 3rd Floor 4th Floor TOTAL A 1 BedrOom B 1 BedrOom Plus 5 o 4 1 4 1 13 2 660 733 C 1 BedroomlDen 8 909 2 3 3 D 1 BedroomlDen (end) 12 971 4 4 4 E 2 Bedroom 1059 3 1 TOTAL: 13 13 12 Square Foota2e I Fnnction unit type Lower 1st Floor 2nd Floor 3rd Floor 4th Floor Total NSF Underl!round Parking 14,744 14,744 Catered Livin. 14,744 14,7.44 14,744 44,232 14,744 14.744 14,744 14,744 58,976 lip Crossroads unit~mix7 ~27-07 .xls PAl# 16578-07125 Total NSF 8,580 1,466 7~72 11,652 3,177 7/27/2007 B E)"E)' / / " \ Attachment 3 ~ f- a J -x '" - ..1 ..:Ii :t ~ .. - - u) .1 ~ ~ ~l " " " ., " - II 'f. - .l ~~ "- --- . ,,~~f!.OUMP ......_---~._,,_...~ - ~ ... .f'> ~t.I" c..~~ N S .. 'f'" I I I ;: (S"" 0 _I i ..t' .. ~ . n\1!k "1:", .. :11 ij ,OJ 0- I ~ 111 , .1 , ~ ~ '1 .. .. " " .. 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Octoher 8, 2007 October 16, 2007 South Maplewood Study-Second Discussion OVERVIEW At the October 2, 2007 Planning Commission meeting, Schoell Madson outlined the proposed land use vision for the South Maplewood Study Area. After discussion, the Planning Commission requested some additional information about the following: . What the total households are today for Comprehensive Planning purposes (total expectation for the MUSA area); . What the zoning district details wonld he; and . What other developments look likc that are similar to those that could be produced as a result of this new land use guide; COMPREHENSIVE PLAN DETAILS The following table below reflects the Metropolitan Council's requirement for the upcoming 2010-2030 Comprehensive Plan. The targct numbers are those for the 2030 requirement. The new land use plan needs to have residential land use provisions to accommodate a build-out to 39,300 persons, 17,500 households (units). Pooulatiun Households (Unit,) Revised Development Framework 1990 2000, 2010 - - 30.954 35,258 37,500 11,496 13,758 15,600 -- 2020 38,100 16,500 2()30 39,300 17,500 First question: W'hat arc the total households and population in Maplewood? Pirst aJ1swer: The Metropolitan Council believes /hatMaplewood has, as of/he year 2006, 36,397 persons and 14,643 households. ANALYSIS The Metropolitan Council estimates population fi'om a number of scftlrces including Census, plat monitoring and building permits, On the next page you will see another chart that the City has created and monitored until the year 2005 that shows similar numbers. The main dilference is that thc ycar 2000 Census is not rcflectcd accurately. What is interesting is to notc the growth rate between 2004-2006 when the housing hoom hit. The numbers starting in 2005 are estimates derived from the growth rates projected by the City. As you can see from the mI South Maplewood: Second Discussion Metropolitan Council current l1glll'es in the answer to the Hrst question, the City is expected to gain around 224 persons/93 units per year between 2000-2010, Using tbe year 2()06 estimate from the Met Council, the City is slightly under that projection with around 189 persons179 households per year. This is most likely due to the current housing market as most communities are seeing a signiticant reduction in ncw housing projects. Because this uncharacteristic skew in the projection. SchoeH Madson would say that Maplewood is populating velY close to the requirement for residential development which generally means that the expectation through to the year 2030 isn't unreasonable if the City is comfortable with the past growth rates. ----- MAPLEWOOD POPULA TION STA TIS TICS ESTlMA TED POPULA TION NEW OCCUPIED DWELLING HOUSEHOLD YEAR POPULATION GAIN UNITS UNITS 2000 I 34,947 216 129 1,::3,758 .-+ 2001 I _,_:35,163 447 293 13,887 2002 35,600.___ 153 191 14,171 2003 35 763 129 233 14,263 2004 35cf3,g? 387 143 14,365 2005 36,279 777 311 14,436 2006 37,056 405 162 14,747 2007 37,461 375 150 14909 2008 37,836 750 300 15,059 2009 38,586 192 SO 15,359 2010 38,778 192 80 15,439 2011 38,970 192 80 15,519 2012 39,162 192 SO 15,.599 Sources~ Estimated Population 1990 & 2000 - U.S. CENSUS 1991-2004" Met CouncH Estimates 2005-2012 - City of Maplewood Staff Estimates New Dwelling Units City of MapJewood Permit Applications Occupied Household Units 1990 & 2000 - U.S. CENSUS 1991-1999 - Met CouDell Estimates South Mapiewood: Second Discussion 2 Growth Rate i1 LA!'oil) USE: DENSITY The outcome of the analysis that the PlaMing Commission requested is relevant to the South Maplewood Study with respect to the population absorption element of conl1guring future land use. Before we continue down the path of looking in more detail at the whole City and tlte potential population absmption, it is important to note that this infonnation is vet)' preliminary as this is more an exercise Fn' the Comprehensive Plan that is just kicking oj]; so the ontcome could definitely change. With that being said, the main areas affecting this discussion in the City that exist today bUl are not fully built Oul are: 1. Gladstone: 650 total units (induding 180 units in the new Shores senior building) 2. Legacy Village: 592 total units Using these two main projects, the number of additional units that need to be shown in the City projected out to the year 2030 is 2857 total new units. These two developments combined together total to 1242 units, so subtracting these from the expected 2857 results in 161$ expected new units throughout the City. Note: this is a rough estimate j(Jr purposes of the proposed new land Use. . Thc current land use plan with the majority of the area building out at 4.3 units per net acre, would result in a full huildout of 950 units or 58% of the expected total new resideutial units (665 units elsewhere in the City) . The proposed" land use plan would result in a lUlt1lillUm buildout of 424 units to a maximum of 693 units Of an average of 558 neIV units or 35% of the expected total new residential units 0057 elsewhere in the City: average) Note: We are only looking at rough numbers for this. not eFery plat since the year 2000. Those units will be added during the Comp Plan process to get an accumte number of expected new units city-wide, and the Bailey Farm has not been given a designation that accounts for its future residential potential. Note: We are proposing up to 1.5 acre lots, if the City were to go to a maximum lif one acre or even 40,000 square faotlots, the numb"r of new units would incn?Gse. South Maplewood: Second Discussion ii 3 Gross Net Oeslanation Parcels Acres Undev Acres LU Des!:! OS 6 76,1 76.1 0 I na -,- .- FARM 2 77.02 6.5 i 70,52 i 1u/10ac.._ RGD 37 = 187,6 53,1 1345 3.5u/a.15ac lo1s RE40 21 35.83 na na -- 1.1u/a__ R1 40 55,65 10.4 45.25 4,3u/a Totals 106 432,2 146.1 250.27 na Min Min Max Max Min Max Existing Existing Total AVG Desionation Den Units Den Units POP pon Homes PoP pon OS na na ns na 0,00 0.00 0 0 0.00 - -.----. - ---_.,- FARM 10aelot 7,05 10,00 7.05 16,22 16.22 0 0 16,22 - RGD 1.5aclot 201.75 3.5 o/a 4!Sp5 464.03 1082.73 28 64.4 773.375 RE40 1.1u!a 21,00 1.1 u/a 21.00 48,30 48.30 21 i 48.3 48,3 - R1 4.3u/a 194,58 4,3u/a 194.58 447.52 447,52 38 87.4 534.92 TOUtls na 424.38 na 693.38 976.07 1594;77 87 200,1 1372.82 ZONING DISTRICT DETAILS Second question: What the zoning district details would be? Second answer: see below Unfortunately, we can't provide you wilh the specifics of a zoning district without getting the authorization for the final land use, all spccific eXfUnples would be speculative at this point. There are several agencies that have adopted model ordinances, including zoning districts, for conservation-based planning upon completion of new land use with conservation in mind, Every cOl1ununity that has studied natural resources and implemented a zoning district has done it a little differently than the next. Each City can tailor the zoning to what the intended outcome of the district is. This is a policy question that Maplewood has to ,illswer as a result of the Open Space and Natural Resources discussion with the larger Comprehensive Plan process. Onee those priorities are establishcd and the policies derived, Schoe]] Madson wi1lthen tailor the land use, zoning district and performance standards to match tbe intent. To get staJted on thinking ahoul the goals of a clustered subdivision... To provide greater economy, e.fJiciency and convenience in the smng of services and "lfrastructure, including the opportunity to reduce road lengths. utility runs, and the amount (d paving required; To consen'e important open lands. including those areas containing unique and sensitive natural features, such as steep slopes, .floodplains, stream corridors, and wetlands by pemumently seTting them asidefrom development; To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, with a strong neighborhood identity; South Maplewood: Second Discussion 4 iJ To provide for a balanced range <?f'lot sizes, building densities, and housing choices [(I accommodate a variety of age and income groups and residential preferences ami to create incentivesfor the preservation of natural features and the protection {,f'valuable resources. CLUSTER SUnmVISION The intent of a duster development is simple: develop less land area while allowing the same number of housing units that would he permitted under standard subdivision ordinances. By allowing the same number of units, landowners and developers aren't penalized financially for doing cluster development. Considerations for moving forward: Greenway Corridor (proposed option) ~ Flexible Density & Cluster Subdivision-all projeets required No Conidor No Corridor No Corridor ~ Flexible Density & Cluster Subdivision in entire area ~ Flexible Density & Cluster SuMi vision in Sboreland Overlay only ~ Traditional Land Use with set density With the proposed option, there would be a set density required as a base starting point, sueh as I or 1.5 aere lots with density incentivcs to increase density to the 3.5 nnits an acre based on a number of best management practices that are clearly defined up-frout (and ranked) snch as: (natural resources: water, wetlands, woods, prairie, slopes etc) . Natural Resource Protection . Natural Resource Restoration . Low Impact Engineering Des.ign . LEED certified homes . Extra buffers from Natural Resources . Implementing Infrastructure/Full Payment . Conservation Easements . Trails, Parks, Connections 17Iird question: What other developments look like that are similar to those that could be produced as a result of this new land use guide? Second answer: see attached SEPTIC PROVISIONS Generally, communities dou't put areas into the MUSA until sewer is a feasible ontcome for any area that may eome in to develop. Because that is not the case in the study area, SehoeU Madson will have to work with the City's engineering consultant doing the Comprehensive Plan update to figure out the requirements for septie subdivisions. The City eurrently aUows for 40,000 square foot lots RE-40 witl1 septic systems, The new zoniug ordinance wanted 2-acre lots for septic. Schoell Madson believes that under certain situations, septic subdivisions should be allowed, perhaps where sewer is "x" nnmber of feet away, or for small lot developments (say up to 5 lots) South Maptewood: Second Discussion 5 B and only if sewer is not within the "x" number of feet away (probably witb a ghost plat of how it could be developed). The City can also simply not aJIow septic subdivisions, and only instead allow for septic single-family home builds, One thing to note is tbat the Met Council provides a map of the areas it expects to see sewered and projected sewer. This map is within the 2030 Framework and is titled, "Planning Areas." This is the map that is expected to be used for purposes of planning for sewer in land use designations. The map is broken up by area and there is a requirement for the density for those areas based on the designation that the Met Council provides, Please review a eutout of tbat map below showing Maplewood, As you can see, Mapkwood has been put into the "developed" category while pOltions of Woodbury are "developing." For "developed" communities, all areas in the MUSA are expeeted to be sewered and aJI developments are supposed to show how aecommodations for sewer will be made upon arrival, ,..____._ .-.--;.-----~'.-"'r~- ..._.~~..a. ---- ,..".- ..-> GHpapkj{ Phuill@ AHa~ rmalllaiilgAiru Rtl.IllaiiIgArtt Additi,,,1 hform~lill 1sl11\e1i; ~~~~I~ ___~-iuiI =",r",,,,, ~jAr.: l.F-= bi!i>:IL"'i ~l\;l bi!~ ~"'''f'''1M 2030 Framework Planning Areas GREEN\\' A Y CORRIDOR The healt of any cluster zoning is a green way corridor and open space policy (Comp Plan). Again, another strategy is to simply put the entire area into a greenway corridor as thnt could make things easier for interpretation and also might create less favoritism to properties as the density would most likely he tied to conservation practices in the design of the development. The Environment and Natural Resources Commission will continue the review at the next schednled meeting. South Maplewood: Second Discussion ~~""-~'A.~ ~n'~ 6 e RECOMMENDATION Please review the literature on the clustering process that was provided in the last packet as well as the attached information on specific projects for discussion purposes. ATTACHMENTS I. Cluster Subdivision Examples South Maptewood: Second Discussion 7 Ii J A C K S I) N E A I) W provides one of the most complete examples of conservation des(qn in the state. It sets a high standard for the quantity and quality of protected open space, innovative infrastmcture systems and unique architectural design. Jackson Meadow illustrates how net.v developments can respect the unique sense of place of a river community and simultaneously preserve the natural setting of the blufflands for all residents to enjoy. PROJ seT BHC'Tv'SS Located to the north and east of the Twin Cities near Highway 95, Jackson Meadow is nestled in the roiling farmlond and wooded biuffs directly west of the historic village center of Marine on St. Croix, Minnesota, The site1s great natural beauty and unique cuHural setting prompted the design team to toke a different approaCh to developing the site. The design team first identified the resources they hoped to preserve} and then laid out the 64 clustered home SITes in a pattern influenced by' the city of Marine Gnd adjacent St. Croix river. The unique home sites are surrounded by 275 acres of protected woodlands/ restored prairies} and farmland,' The preserved land within Jackson Meadow takes on even greater significance given its context: it is port of a river dty with historic character; it Is adjacent to Wiiliom O'Brien State Park; and it is located along the biuffs of the St. Croix River, which is a designated Wild and Scenic River WHh this context in mind, the project team had the fallowing goals for the development: . Respect the sense of place of Marine on St. Croix by using its historic architecture and form to influence the projects housing styles and layout .. Minimally impact the bluffs ond forest restore native vegetation, and maintain an agricultural buffer around the development .. Provide an extensive pedestrian trail system and other amenities, Gnd .. Use innovative stormwoter and wastewater treatment techniques to minimize water resource impacts Jackson Meadow has received severol planning and architectural awards, thanks In large part to its conservation efforts and attention to design. Perhaps more than any other conser- vation development in Minnesota, Jackson Meadowfs signature architec- tural styie redefines the aesthetics and functions of the home and places on extreme emphasis on creating a unique sense of place, o D (} "' "' Ii " ~ "' 'g, 5 '3 ~ :2 5 ';;'; U .E ;? ~*' ,21", "' "' c '" . ~ € c: J;:,,; (3 ~"'2 o -:E % ~ .;~, m e f: ,~:g II .s.$l 2 ~ ~.1: * ~ ~ i' 0/; . "' , "' -~;; ] 2 & - E 0. 1il -0 a 0 E j! ti -g 3! () 0 "" r.-" {l "5 "" ~ 11 ] ~ '? ~ g {) ..... :0 1; C <;; :J (I ~gEl'illK{j 1> -g 5 s ~ i:!--n &. I;) ~, c t:; 8 5 It' o ~ :t;;:) ,:I () " w'" ~ . e ID ~ " "' 0 "' , "' 13 ~ .' -' "' , " 15 E ~ F , E ~ e c- o ~ c .' e B c "'~ c 0 ,f , 2 , 0 . c . 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Q " 2 0 .\,1 a "' " " " " ~ 2 ~ c E ~ 0 e ~ :5 " "' , ., c " "' " " l' " ~ c 0 " c U ~ , a p " 0 e , " L 0 ~ s " J1 . " m m " ~ 0 < b ~'8 , '8 9 ~ S " e " " " 8 E .31 ) l' g g " " t " " , -" " " " :::1 0 " . 0 e ~ t a , " I c c ~ .~ " 2 0 "' , " .0 ~ u "j; " " ~ " " $ g " " ~ '" 0 , '0 " 5 g . " " ~ 0 e , g; 0 i:< " .~ "' . l' e c ] ~ .~ l' * B ~ c e 1 Ji " ~ " " J? " $ .0,,-,, " '" " . ~ p p -f '3 S DEVELOPMENT PROCESS The design of Jackson Meadow began in the mid 19905, with the ground- breaking ceremony for the community held in October 1998. The Jackson Meadow design team worked diligently with citizen groups, the Marine Planning Commission, and the City COl1ncil to design the most oppropriote development for this unique site and historic community. Through this process, the city - historicolfy resistant to new development proposals - was encouraged to rewrite its ordinances to achieve greater performance from -Mure developments. This process, howeve~ required a great deal of effort by all parties. More than 40 meetings were held before the plat received finol approvoL And, as with all develop- ments, certain compromises were mode. For exam-pIe, the design team had hoped to include town house units, garage apartments and limited office spaces both for affordable housi ng and 0 mixture of uses. These requests were denied, Like many new developments in the urban fringes, the housing is beyond the means of many homebuyers. In addition, though sensitive to the sitef the project still adds more traffjc to Marinets streets and furthers Monne's transformation to a commuter community. However, with Jackson Meadow, the city of Marine struck an important bolance between adding additional housing units to the city while simultaneously preserving its smail.town identity. A view of the bluffs dong the 51. Croix Hrfi!:t neur the city of Morine on SL ODIX, One of Jackson Meadow.'s greatest lessons is that the design process can often comb1ne many different strategies to preserve open space and achieve the desired housing densities, For example, the design team clustered homes to save open space within the development, they acquired adjacent sensitive woodlands with the assistance of the Department of Naturai Resources and they employed 0 unique variation of Transfer of Development Rights (TDR) to preserve adjacent farmland. The use of this density transfer was an unusual and successful strategy. The design team desired to increase the number of housing units within the neighborhood cluster while simultaneously preserving the farmland thot borders the deveiapment, but no bonus density was permitted in the ordinance. Therefare, in order to achieve this goal, the deveiopers ogreed to pay the adjacent londowners fair market value for their development rights, which would in turn be transferred from the farmland to the development parcel itself, Conservation easements held by the Minnesota Land Trust and the city of Marine ensure that the open space within the development and the lands from which development rights were sold} will never be developed. Conservation DeslgnPortfoho, Cost: Study 1 @2005 Minnesota: Land Trust St. Paul, Minnesota 55114 to Irl an a 17 -. Jackson Meadow literature Pf{OJEc'r. STATUS As of May 2001, 22 of the 32 phase one homes and two lots far the phose two homes had been reserved or soid. Full build-out of all 64 homes is expected in 2002. Lot prices currently range from $60,000 to $149,000, with a minimu.m home plus lot cost beginning at $350,000, PROJECT PAgTNf:!t.S Jackson Meadow Company Anderso"~Sorenson Homes, Inc. Cotes Construction, Inc. Coen + StumpH Associates David Samelo Architect Durfey Company Lake Elmo Bank Minnesota Land Trust North American Wetland Engineering W ! N D 5 0 R PAR K represents a creative re,~pol1se to sub..wrban development at the fringe of a growil1lJ community, Thlti.ljfen space serves two primmy functions: providiniJ a vtiual buffer for the well.traveled Elk Lake Road and establishing a netv dty park for all residents of Elk River to enjoy. This conservation development was the first test of Elk River~~ ordinance encouraging h open space preservation plats. U PI< JEer OBJECTIVES Located 50 miles northwest of Minneapolis and 30 miles southeast of St. Cloud, Windsor Pork is in 0 high-growth corridor that still retains 0 rurol. sensibility, The iand lies 0 few miles south of the 48-squore mile Sherburne Notional Wildlife Refuge, and is easily accessible from both Highway ] 69 and Highway 10, While Elk River has a compact older town center, residents wont to preserve the rural character of the outlying iand and do nat intend to provide sewer services to the area where Windsor Park is located, The clustering of homes in this development allows for 0 common sewage system and reserves land to be preserved as permanent open space. Another open space subdivision has been approved just south of Windsor Park, and ports of the open spaces in the two plats will connect, forming 0 larger whole. The developer and city worked together to achieve the following objectives: . Preserve at loost 50% of the tract in common open space . Dedicote some of the open space as a public pork and buffer to the adjacent rood . Preserve os much of the oak forest as possibie, both in open space and on lots If Infiltrate stormwater when possible to maintain pre-existing hydrology . Provide residents with a community garden plot " ~ n -'f 1/ . J 'I I, A Il The 31 houses are arranged in a loop surrounding 0 12-acre wooded pork. The open area around the entrance wi!! remain a meadow and wifl have community gardens and 0 stormwoter retention pond. Through the open space preservation plats, the city hopes that more attractive developments wili be built and that a iorger connected open space netvv'ork wfll be created as 0 result. 'I L__., .f w , ~ o t'f. E I (7; tri - -.;; B --g ~. G !i 11 C = 0 ... k 5: .: ~ 3: 1i; .8 f.-'\':l%~>o%g..; z5,.,p51i'i5~ jJ,-~~i~'g'g ~. E_-6~~E8-K ~ _ g i>i 15 <E ~ ~ i;i ~ 15- ~ g>:~ ~ t:: 1: (: * ';:: 1: b -0 4:~~~~~t~ ~t:3g-E$2E E ]; 1?~' z g 11-fi ~ E O~5 ~1J,~E ._ '" ~ of .e g> B ~] ... 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J! ~ ~ 8. .< ~ 'D " m . 3 g ~ ;:1 ., rn :1; . 'D ~ . i.'; f' E E 'D , ~ " "-' Q '6 , ,,'- g . > ~ ;- .. 0 ~ ~ 'i; .~ , v & " ~ ~ l' < ~ fi , ! , 0 .. , " 0 0 , , 0 ~ 2 .., ~ 0 ~ ~ 0 E " .c' e };: g: E " ] 0 " ,€ ~ b l' 0 , ,~ ~ E jj u J: , , " 1: u " u " .~ g E '6 , 0 rn ~ " '6 ii " ~ 0 " " 0 u ~ 0 .\<-. ~ .0 " " ~ 0 0; , of .i '< [$ J 0 " - 0 , "'" ; .2 "' , c .. " E " .., '6 DEVELOPMENT PROCESS The city of Elk River's Open Space Preservation plat is a perrnitted use in its agricultural and rural residential dlsmcts, This menns that clustering is not requiroof but neither does it need a special permit. Five such plats have been approved in the past year and 0 half. The city offers density bonuses for: providing odditionol open spoce beyond the 50% buildable area required; reusing existing buildings or historic features; providing covenants to create an architectural themei creating an endowment to cover the costs of maintaining the easement on the open space; and providing public access to recreationaf facilities and trails. Using four of these bonuses, the developer of Windsor Park was able to increase the number of homes from 26 to 31. According to the developer, the density bonus makes it affordable to put in the community sewage system} tralls and other community amenities, and to set up the homeowners association, Both open space areas have permanent conservation easements held by the Minnesota Land Trust. The: devefop0f protected the trees along the perimeter of V>Ilndsor Pork 10 protect vie;vshedsJrom Etk Loke RDDd. This site represents one of the common struggles with conservation developments: should the homes be ioeated in the fields or in the wooded areas? On this parcell locating homes in the woodlands would fragment much of the forest; meanwhile, locating homes in the fjelds would compromise the objectives of viewshed protection and creating community gardens, These issues point out the need for communities to.help pre~identffy areas for conservation when drafting an open space development ordinance if they desire the projects to have significant conservation results. Fortunately, Windsor Park makes the most of this difficuit situation by addressing both objectives: preserve the interior woodland. park os well as an open space buffer. This project demonstrates that the open space in the development can hove different ownership patterns. Some developers and communities ore reSIstant to open space projects because they do not want to create expensive homeowners associations (HOAs). In Windsor Pork, the city is assured that the entire public wHl hove access to the park it owns, while the homeowners are not entirely responsible for the costs and maintenance of oil the open space. Conservation Design Portfolio, Case Study 4 @2005 Minnesota land Trust St. Poul, Minnesota 55114 a 11 a f/ - 1im Brown, Dynamics Design and Land Co. PROJECT STATUS The lots went on sole in the fall of 2000. As of April 2001, eight lots had been sold and four were on hold. PROHCT PARTNERS Christian Builders Dynamics Design and land Company Minnesota Land Trust Sherburne Soil and Water Conservation District W j L D E ADO W 5 elevates the practice of ecological restoration within a development project to a new level. It demonstrates that a development can actually improve environmental quality if significant parts of a previously degraded site are placed in open space and resto'red to more natural conditions. Not only will the restored prairies and woodlands add beauty to the development; they will also serve substantial stonnwater managern.ent functions. Ecology and infrastructure will be truly married in this development "I'< HeT Oi>JECTlVES Wild Meadows is located in Medina, Minn" just west of Plymouth and Mople Grove on Highway 101. The siteJs hjJls~ woods and views} as well as its location, made it attractive to realtors and developers. However, residents and the city council were .concerned about too much development altering the character of Medina and damaging the integrity of the site. Conservation design - or perhaps more_ accurately lJrestoration desig,nll_. provided 0 means to preserve the existing naturai features, and restore them to 0 higher quality, This gaol of improving the londscape's ecological functions is to be partially financed by the sales of 150 clustered homest and annual homeowners association dues. The design of Vv'ild Meadows was inspired in part by other successful conservation developments including Prairie Crossing, an award-winning development outside of Chicago, The project is specifically based on the faliowing goals: '" Environmental protection ,and enhancement through ecological restoration . Creating 0 unique sense of place ., Aesthetic design and high~quolity construction . Economic viability All lots will have access to restored natural oreas protected by 0 conservation easement. This not only benefits the residents of the development; the proje".'t will oiso provide Medina with a unique neighborhood with multiple public benefits. Drained and degraded wetiands will be restored into wet meodows and used for an alternative stormwater management system. Forest systems will be managed to introduce more light, reestablish ground cover and regenerate oaks/ which are undergoing significant decline. The eroding shore of the pond will also be stobilized, All of these improvements shouid help create the hobitat conditions for the increased presence of wildlife and " reintroduction of ather native species. '" . ,; B ID 0 . n z li p , . 1J ~ . . " ~ " & ij . 0 0 ~ " o. c 0 i" " ~ " '!j. & " .- ~ 1\ . " ,E c !"-. g ~ it " ~ . . . o~ 'g E 15 ~ , ~ 0 1i ~ "' " ~ ~ c n. c ~ :- g,~ 0 8 e g 0 u 6, B oJ! h ~ ~ 0 - E -g. g' " .e c c f . 1 g " 0 . 0 . rn " ~ ~ ~ .' 8ei . '0 'g 0 ~ 1: . ~ 0 . 0 1l - rn C 0 E c. . - .~ c ~ ); ." 0 ." ", 1;]- 0 ji ~ " ~ ~ .$ 0 fE 0 0 0 II' 0 rn " .e C l o .s ! . 0 . 0 1\ > 0 0 0 ~ " "!. j ~ 0 I 0 '" " 0 6] E l .~ . . c ~ - J; " . " " . 2 '" .~ E " ., 0 ~~ E 0 0 c 2 ~ 0 t s " c " ~ t ID E g rJ E c c ~ 0 .p 0 " ~ " 0 u 0 ID c ,Q ii 0 0 " ~ E f E E . ,g c 0 " c 0 ~ ~ .. . c ~ f, i rn E ~ JJ " . , " .9 " t 0 c " 0 ~ 2 ~ ,~ 0 ~ ~ ! 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I .0 c l.) ll:: ~) en E ~.f~~~m6~'!:~ E. cuEgLg~C ij_o &5 g <!!~ ~.~~ &?ocor-*.>-:f ";)g~E~.f~c-g;;; f1fr.c.5:'o~2;..,ij;'t J'; " ;( ... - E !l! 213- t:; ~ot-ciEi:.o .8 ~f]i;;::::]:!li~~n :~ t~~~:-B8]o'5 fu-~-g'-5i1~~'"2E~ . -~u"'j{:~ti5~1i:\{ C~i~L3a?'~~l& OEVELO!'MENT PROCESS At the time that the developers proposed purchasing the land, the city of Medina had imposed a moratorium on development In certain sections of town, 1ncluding this one, Developer David Newman and his team worked with 0 committee of planning commission and council members over a number of months to come to an agreement on how the site should ultimately be developed. To address this issue, Steve Apfeibaum of Applied Ecological Services was invited to visit Medina, Apfelbaum, an ecological restoration and development expert from Brodhead, Wis'J was able to create 0 compefling of the of the \Afifd Meadows vision of homes clustered In an ecologically functioning londscope. The deveiopers became champions of the concept and added Applied Ecoioglcal Services to the design team in order to create a lasting legacy, while slmultaneousiy creating a marketable development. When completel a part-time ecologist will help residents recogniz.e what is on the fand, assist in maintaining the natural areas and foster a sense of community through activities like nature walks, maple sugaring and prairie burns. Resident fees will coyer the cost of the ecologist and the maintenance of the natural areas. A conservation easement will eventually cover the primary preserved areas of the site. team IS. to prE/servE;' ond n?sn..7fe some Df the nnfllmJ areos in :Y\t!dinG. Wild Meadow's overall success will be bosed on severa! long-term factors, including: the quality of the restoration, the restored areas' effectiveness in treating storm water runoff, the residentsi perception of the natural areas and the eventual land uses surrounding the stte {e.g.; how this site connects to other natural areas within Medina}. While no one can predict the future- especiolly in regards to ecologicoi functions - the city ond the developers hove gone to great lengths to address these issues in their agreements, thereby helping to ensure the project's future vlobility. Conservation Design Portfolio, Case Study 7 @2005 Minnesota Land Trust St. Poul, Minnesota 55114 PROJECT STATUS Ground was broken in May 2001, initiating both development and restorution of phase one. Initial market response has been very favor- able, largely due to the demand for high-end homes In the area and the quality of the project. Lot prices range from $90,000 to $490,000. PROJECT PARTNE S Restoration Development (a team assembled for this project, consisting of the Boncor Group, Lundgren Bros. and VKO Enterprises) Applied Ecological Services Dahlgran, Shardlow and Uban Minnesota Land Trust LeGran Homes MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Roberts, Planner Sign Code Amendment and Clear Channel Billboard Update October 10,2007 INTRODUCTION The city manager asked staff to put this matter on the agenda for the planning commission to consider, The attached maps and the memos from the city attorney are for your reference and are for a start of a review of the matter by the planning commission. BACKGROUND On October 8, 2007, the city council discussed the status of the Clear Channel billboard at Century Avenue and 1-494 (see the attached maps) and a proposed sign code amendment. (See the enclosed information from the city attorney,) After much discussion, the council directed staff to refer the proposed sign code change and the proposed settlement framework to the planning commission and CDRB for review and comment. DISCUSSION The materials from the ,city attorney outline some of the issues with the current city sign code and with the Clear Channel billboard. The materials from the city attorney also include a draft framework agreement for use between the city and Clear Channel for the settlement of the sign dispute, RECOMMENDATION Review the enclosed materials from the city attorney and be prepared to discuss and comment on them during the planning commission meeting. kr/p:miscell/Sign Code Memo (Alan K) - 2007 Attachments: 1. Location Map 2. Address Map 3. Aerial Photo 4. 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ATTORNEYS AT LAW OF COUNSEL: Tom Dailey Don Kohler t H. Alan Kantrud hakantrud@klaw,us direct: 612-743-4242 114 Qualified Neutral by the Minnesota State Bar Association MEMORANDUM DATE: TO: RE: 4 October 2007 City Manager, Greg Copeland Sign Code Ordinance and Clear Channel Dynamic Display INTRODUCTION Clear Channel has operated a billboard sign at Highwood and 1-494 for many years on an ongoing legal non.conforming use status. Clear Channel, the sign-operator, conducted certain repairs and renovations of their sign located along 1-494 in February 2007 pursuant to a previously-submitted request to do so, but did so without specific authorization to expand the use of their sign to include the, "dynamic," changing sign- face that is now capable of doing. This expansion has been and continues to be in violation of our general prohibition on signs that, "change in color or illumination," and therefore has been technically illegal upon its activation, by our interpretation of our Code. DISCUSSION While Clear Channel has not acknowledged that their billboard (sign) violates our ordinance, per se, they have acknowledged that their original application to perform maintenance on the sign did not include the addition of the, "dynamic," portion of the sign-face. This problem was immediately identified by planning staff and a letter informing the sign-operator was sent giving the operator a period of time to rectifY the situation. Staff, including myself and the City Manager, met with the operators of the sign early on, following the receipt of the letter from our planning staff, and determined that we would try to work with them and resolve the issue. It was agreed at the time that since the matter was in litigation with the City of Minnetonka, we would let that process continue and that the Maplewood matter would be resolved in due course. We all agreed to disagree about the interpretation of the sign ordinance. The Minnetonka matter was handled by way of the City (Minnetonka) getting sued for, "unplugging," the sign Clear Channel activated. The LMCIT was then contacted and the matter referred to them. John Baker, of Greene Espel, was assigned the case and he worked with the City's attorney, Desyl Petersen, and, with the help of a Hennepin County District Court Judge, the matter was eventually resolved amicably and with the adoption of a new sign ordinance regarding Dynamic Displays as well as an Agreement with Clear Channel regarding future operations of such signs (see the attached Agreement and Ordinance). Incidentally, the Agreement acknowledged the benefit of such signage to the City and incorporated a lengthy analysis on the safety ofthe signs (see the attached study, Exhibit A). Many cities adopted, "moratoriums," on such signs as a result of the Minnetonka experience. One of which was Eagan. Eagan conducted an examination of the effects and consequences of having Dynamic Displays and has now concluded that they are a benefit and not a detriment to their citizens and have adopted an ordinance authorizing these types of displays (that vote was on October 2, 2007). At the time and for our purposes the decision was made not to engage Clear Channel with a battle in the courts for a couple of reasons: The first was, simply, that the strategy of just, "unplugging," the sign (like Minnetonka did) would not have been productive. Such a move would have resulted in litigation that would have undoubtedly triggered another, "defense of claim," file with the LMCIT. We had enough litigation pending with the League at that point to make that option unsavory. I'm confident that we would have received the benefit of League representation; but at what cost? Presumably, further, protracted, litigation at our expense-and to potentially no better or different end than that which Minnetonka eventually settled for-a settlement that all agreed was a good conclusion to the situation and the litigation. The second was to engage Clear Channel in a tortured process whereby we would find a way to somehow authorize their new display. This option included Clear Channel applying for a variance for their display. Your lawyer as well as Clear Channel's agreed that the standard of review for a, "variance," would not apply to their situation; you cannot, by variance, authorize that which is strictly prohibited. Again, we agreed to disagree, but this time with resolution in mind. Staff has suggested now that a special use permit may be a vehicle by which the City can both authorize the Dynamic Display being employed by Clear Channel as well as keep some measure of control on its effect in the community. The operators of the sign have agreed to be subject to that process and potential limitation that a permit would entail. It is my hope that the standards that have become policy in other suburban cities will prevail here based on the great weight of evidence and study that those cities have conducted. The suggested move on the part of Council is to adopt a minimalist approach to the problem and strike-through the portion of the Code that, under strict interpretation, prohibits the Dynamic Display currently being operated by Clear Channel. This is a surgical removal to be sure and does not affect any other aspect of the sign code. In addition to the deletion of the language in the Code, this change will precipitate the presentation of the revisions to the sign code originally suggested by the CDRB back in 2006. The hope is that the Planning Commission will also take up a, "Dynamic Sign," code amendment consistent with that which other cities have now considered and adopted as well as bring to Council all the other modifications contemplated by that body. By written Agreement with Clear Channel, the operator knows that any future expansion of a billboard will be subject to the tenets of our presumably hereinafter adopted regulation of such, "Dynamic Displays," and limited in number. (See attached Exhibit B, the Ordinance adopted by Eagan that addresses these signs) In terms of a settling with the City, the operator has agreed to install another Dynamic Display, at a cost of $100,000.00, on the monument space of the Maplewood Community Center and turn that sign over to the City for complete control and use. This Agreement is and would be in lieu of citing the operator for the ongoing violation of our sign code; an ongoing violation worth about $240,000.00 that likely would be challenged and not imposed by a district court-which would have the ultimate authority to levy a fine-the revenue of which the City would get a mere portion of.. .(See attached Exhibit D for mock-up of the sign) This redaction does not in any way authorize the use or employment of any signs that otherwise would violate the City's prohibitions on other signs that employ movement in their regular operation; the signage at issue only offends that portion of the code that prohibits changes in color or illumination. Agreements with other parties regarding their signage would, of course, be honored. RECOMMENDATION I. That the City Council conduct a fIrst reading of the modifIcation recommended below that includes the deletion of the words in the prohibited section of the sign code, specifIcally: Sec. 44-737. Prohibited signs generally. Signs that are not specifIcally permitted in this article are hereby prohibited. The following signs are specifIcally prohibited: (l) Balcony signs and signs mounted or supported on a balcony. (2) Any sign that obstructs any part of a doorway or fIre escape. (3) Signs that have blinking, flashing or fluttering lights Elr that chaflge in brightneas Elr 6EllElr. Signs that give public service information such as time and temperature are exempt. 2. That the City Council refer the change to the Plannillg Commission and/or the Community Design Review Board for their consideration and input and further recommendation regarding the Dynamic Display ordinance; 3. That the City Council review the framework for settlement with Clear Channel and approve it as to form. "DYNAMIC" SIGNAGE: RESEARCH RELATED TO DRIVER DISTRACTION AND ORDINANCE RECOMMENDATIONS Submitted by SRF Consulting Group, Inc. Prepared for City ofMinnetonka . June 7, 2007 A1 TABLE OF CONTENTS Pa20 No, 1.0 INTRODUCTION ..................................................................................................... 1 2.0 PURPOSE OF STUDY AND METHODOLOGy.................................................... 1 3.0 SELECTED RESEARCH FINDINGS...................................................................... 2 3.1 Expert Opinions ............................................................................................. 3 3.2 Billboards: a Source of Driver Distraction?................................................... 4 3.3 "Dynamic" Billboards: an Additional Source of .......................................... 6 Driver Distraction? 3.3.1 Other Information .............................................................................. 9 3.4 How Much Distraction Is a Problem?............................................................ 10 3.5 How Does "Brightness" Affect Driver Distraction?..................................... 15 3.6 Billboard and Other Signage Regulation: a.................................................. 16 Minnesota Perspective 3.7 Billboard and Other Signage Regulation: Other........................................... 16 Perspectives 4.0 SUGGESTED REGULATORY APPROACH..................................,....................... 19 4.1 Definitions.............. ...................... ............'................................,..,...,............. 19 4.2 Types of Regulatory Measures ...................................................................... 19 4.2.1 Complete or Partial Prohibition of Electronic Signs.......................... 19 4.2.2 Size Limitations on Electronic Signs................................................. 20 4.2.3 Rate-of-Change Limitations on Electronic Signs .............................. 20 4.2.4 Motion, Animation, or Video Limitations on Electronic Signs......... 21 4.2.5 Sign Placement and Spacing.........................................................,.... 22 4.2.6 Text Size ............................................................................................ 22 4.2.7 Brightness Limitations on Electronic Signs....................................... 23 4.3 Public Review .......................,..........,..................................................,..'...,... 24 5,0 CONCLUSIONS AND RECOMMENDATIONS .................................................... 25 Appendix A - Current Sign Technologies Appendix B - Outdoor Advertising Sign Brightness Defmitions Appendix C - Electronic Outdoor Advertising Device Visual Performance Definitions A2 LIST OF TABLES Pal!e No, Table 1: FHWA Reanalysis ofFaustman's Findings...................................................... 5 Table 2: Crash Causation Summary.......................................................,........................ 11 Table 3: Percentage of CDS Crashes Involving 1nattention- ...........,............,................. 12 Distraction Related Crash Causes Table 4: Specific Sources of Distraction Among Distracted Drivers: ............................ 12 Table 5: Telespot Sign Crash Rates - Expressway Southbound ..................................... 13 Table 6: Te1espot Sign Crash Rates-Expressway Northbound ......,................................ 14 Table 7: Number of New Messages Displayed at Various Driver Speeds and............... 21 Time Intervals Between Messages LIST OF FIGURES Pal!e No. Figure 1: VicRoads' Ten Point Road Safety Check1ist.............................................,...... 18 iA3 1.0 INTRODUCTION This study was precipitated by concerns raised by the City of Minnetonka, Minnesota in regard to the installation of two LED (''light emitting diode'') billboards along Interstate 394 and Interstate 494. The LED function was applied to two existing "static" image billboards located adjacent to the interstate, Following installation of the LED function, the City turned off the power to the signs though a stop work order based on current city ordinance prohibiting flashing signs, which is broadly defined, as well as permitting requirements for the retrofitting of the signs to the upgraded technology. The billboard owner sued the City, and the court response to this legal action as of the writing of this study has been to allow limited use of the LED billboards, A moratorium on further signage ofthis type was established by the City to facilitate the study of issues related to driver distraction and safety and appropriate regulatory measures for LED and other types of changeable signage. This study was undertaken on behalf of the City of Minnetonka to examine these issues, While the concerns were precipitated by LED billboards in particular, this report examines more broadly "dynamic" display signage which is defined as 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 itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes 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. These capabilities may be provided by a variety of technologies which are discussed later in this report. As the study progressed, additional communities within the Twin Cities Metropolitan Area, as well as the Leagne of Minnesota Cities, expressed interest in these issues. However, it is not the intention of this report to provide a comprehensive study of all issues raised by dynamic signage, or other types of billboards, but rather to focus narrowly on the issues of concern to the City of Minnetonka, 2.0 PURPOSE OF STUDY AND MEmODOLOGY Driving a motor vehicle is a complex task that requires the ability to divide one's attention, Simultaneously maintaining a steady and legal speed, changing lanes, navigating traffic and intersections, reading and interpreting street signs, drivers are often challenged by conditions that can change in the blink of an eye. Internal and external physical conditions can affect how safely the driving task is accomplished. Drug or alcohol intoxication, fatigue and/or distractions in the driving environment all can playa role in motor vehicle crashes. However, these conditions are rarely the sole reason for a crash. Rather, these conditions serve to exacerbate an already- complex driving environment and subsequent mistal(es in judgment can lead to crashes, A4 Increasingly complex traffic and roadway environments require greater attention to and focus on the driving task. The purpose of this study is to understand what existing transportation research tells us ahout the effects of dynamic sims on motorists. This study also explores regulatory measures enacted in other jurisdictions to address concerns related to driver distraction. Due to time and scope constraints, this report is not comprehensive, hut rather addresses the most frequently cited and easily accessible information availahle. The report concludes with a discussion of regulatory options for the City of Minnetonka to consider in their formulation of policies to address dynamic signage. Information collected for this report draws from a variety of sources including intet'Views with subject matter experts, government and academic research, and policies developed to regulate various types of signage. Several city and county sign ordinances were used as references for policy and regulatory research. In some cases, ordinances were brought to our attention by planners and others following the sign ordinance issue. In others, Internet searches were conducted using words and references that apply specifically to dynamic signs. Several sign manufacturers and sign companies provided an industry perspective through a workshop with the SRF Consulting Group and the City of Minnetonka staff on February 27, 2007. This meeting yielded information about sign characteristics that can be addressed through policy and regulatory measures. Daktronics, a company that manufactures and markets LED signs, was also helpful' in this regard, providing informational materials about characteristics of signs that can be regulated and examples of city sign ordinances with which they are familiar. 3.0 SELECTED RESEARCH FINDINGS This following section presents a summary of expert opinions and selected driver distraction research conducted by government and academic researchers examining roadside signage and its effects on the driving task. Studies are organized around critical questions with serious research ramifications. . Is there reason to believe that billboards are a source of distraction? . Is there reason to believe that "dynamic" billboards are an additional source of distraction? . How much distraction is a problem? . How does "brightness" affect drtver safety concerns? . How should billboards and other signage be regulatedfrom a driver scifety perspective? AS 3.1 Expert Opinions A combination of researchers and public policy experts were interviewed for this study. Individuals were identified while conducting background research into driver distraction and were interviewed because of their credibility in the field. Kathleen Harder, a researcher at the University of Minnesota, has conducted driver distraction research for a variety of applications, including research for MnJDOT. She is an expert in the field of human factors and psychology. She indicated that electronic billboards pose a driver distraction threat because of their ability to display high resolution color images, their ability to change images, and their placement in relationship to the roadway, particularly in areas where the road curves, exits and entrances are present, merges, lane drops, weaving areas, key locations of official signs, and/or areas where roadways divide. Greg Davis, a researcher with the FHW A Office of Safety Research and Development, in Washington, DC was involved in the 2001 FHWA study on electronic billboards. He was interviewed to gain a deeper understanding of this critical study and to learn of recent research in this area. Davis stated that while no research has established a direct cause and effect relationship between electronic outdoor advertising signs and crash rates, the lack of such a research finding does not preclude a causal relationship between electronic billboards and crashes. He advocated for a new study that can control all variables and determine if a cause and effect relationship exists. Scott Robinson, an outdoor advertising regulator for Mn/DOT, wrote the 2003 technical memorandum that addresses allowable changes for outdoor advertising devices. Mr. Robinson indicated that the memo was originally written in 1998 to establish a pennitted rate of change for tri-vision signs and that the application to electronic billboards was not considered. The minimum change rate of 4.9 seconds for 10 mph roadways and 6,2 seconds for 55 mph roadways was based on the travel time between static signs spaced at the minimum allowed distance apart. Mr. Robinson also indicated that the memo is not a MnlDOT policy, statute or rule, but rather it was written to provide internal guidance. Jerry Wachtel, an Engineering Psychologist aud highway safety expert in private practice, was the lead author for the FHWA's original (1980) study on electronic billboards. He has continued his active involvement in this field, and advises Government agencies as well as the outdoor advertising industry on sign ordinances, sign operations, and the implications of the latest research on road safety. Mr. Wachtel believes that it is neither feasible from the perspective of research design and methodology, nor necessary from a regulatory perspective, to demonstrate a causal relationship between digital billboards and road safety. Rather, he believes that we have a strong understanding, based on many years of research, of driver information processing capabilities and limitations, and of the contributions to, and consequences of, driver distraction, on crash risk; and that this understanding is sufficient to support development of guidelines and ordinances for the design, placement, and operation of digital billboards so as to lessen their potentially adverse impact on road safety and traffic operations, ;"6 Wachtel also offered comments on drafts of this report. In later conversations related to his review, Wachtel stated his belief that even though visual fixations on roadway signs decrease as route familiarity increases, a strength of the new digital billboards is that they can present messages that are always new. Thus, the conclusion from the 1980 FHW A study is another argument against these billboards; namely, drivers spend more time looking at the unfamiliar signs than at familiar ones, suggesting digital billboards are more dangerous than traditional fixed billboards, Wachtel also suggested his preference for a goal to have any given driver experience only one, or a maximum of two, messages from an individual roadside sign. 3,2 Billboards: a Source of Driver Distraction? I The purpose of a sign is to attract the attention of passersby so that a message is conveyed. To the degree signs attract the attention of vehicle drivers, they may distract them from the activity of driving, While this report primarily examines the impact of dynamic roadside advertising, the role traditional static advertising plays in driver distraction is discussed below. The relationship between roadside advertising and crash rates has been the subject of several studies. The majority of this research was conducted in the 1950s, 60s and 70s. While some of the earliest studies have been subsequently criticized for flawed methodologies and improper statistical techniques, some findings emerge when the totality of the studies are examined. One of these findings is th.~t the correlation between crash rates and roadside advertising is strongest in complex driving environments. For example, higher crash rates were found at intersections (generally considered a complex environment) that have advertising than those intersections that do not have advertising. A few of the studies that are important in this field are summarized below. Minnesota Department of Transportation field Study (1951) and Michigan State Highway Department field Study (1952) 2 These two studies from the early 1950s used similar methods but came to significantly different conclusions. Recognized as the more scientifically rigorous study, the Minnesota study found that increases in the number of advertising signs per mile are correlated with increases in motor vehicle crash rates. It also found that intersections with at least four advertising signs experienced three times more crashes than intersections with no advertising signs. Conversely, the less rigorous Michigan study found the presence of advertising signs had no effect on the number of crashes. Iowa State College, Do Road Signs Affect Accidents? (Lauer & McMonagle, 1955)3 A laboratory test was created to determine the effect of advertising signs on driver behavior. The results ofthis study found removing all advertising signs from the driver's field of vision did not improve driver performance. When signs were included, driver performance was slightly better. Note that laboratory methods used in this study are considered to be dated by today's standards. }.7 Faustman (California Route 40) Field Study (1961)' and Federal Highway Administration, Reanalysis of Faustman Field Study (1973)' Two studies that appear to have stood the test of time are Faustman's original analysis of California Route 40 and its re-examination by FHW A more than a decade later. The original analysis tried to improve upon previous research by limiting variables, such as roadway geometric design and roadway access controls. The FHW A reanalysis focused on disaggregating the data and converting actual crashes 10 expected crash rates on specific roadway sections, Each of the sections was given a value based on the number of billboards on the section. A linear regression was performed to determine the expected crash rates. An analysis of variance of the regression coefficients found that the number of billboards on a section was statistically significant. The reanalysis found a strong correlation between the number of billboards and crash rates as shown in Table 1, Table 1. FHWA Reanalysis ofFaustman's Findings. Expected No. of Accidents in a 5-year Period 5.92 6,65 7.38 8.11 8.84 9,57 No, of Billboards Cumulative Increase in Accident Rate o 1 2 3 4 5 12.3 24.2 37,0 49.3 61.7 Federal Highway Administration Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Slgnage (Wachtel & Netherton, 1980). This extensive review provides a comprehensive discussion of roadside advertising research as of 1980, The study authors noted "attempts to quantify the impact of roadside advertising on traffic safety have not yielded conclusive results." The authors found that courts typically rule on the side of disallowing billboards because of the "readily understood logic that a driver cannot be expected to give full attention to his driving tasks when he is reading a billboard." Because the distraction evidence is not conclusive, these decisions were generally not based on empirical evidence. The research review noted that accident reports often cite "driver distraction" as a default category used by uncertain law enforcement officers who must identify the cause of a crash. As a result, the authors believe crashes due to driver distraction are not always properly identified. In addition, law enforcement officers often fail to indicate the precise crash locations on crash reports, making it difficult to establish relationships between crashes and roadside features. AS Accident Research Unit, SchoOl of Psychology, University of Nottingham Attraction and distraction of attention with roadside advertisements (CrundaJl et aI., 2005) 7 This research used eye movement tracking to measure the difference between street-level advertisements and raised advertisements in terms of how they held drivers' attention at times when attention should have been devoted to driving tasks. The study found that street-level advertising signs are more distracting than raised signs, 3.3 "Dynamic" Billboards: an Additional Source of Distraction? Signage owners or leasers want to incorporate dynamic features into their signage for a number of reasons: to enhance lhe sign's ability to attract attention, to facilitate display oflarger amounts of information within the same sign area, to conveniently change message content, and to enhance profitability. Ai; mentioned earlier, this report uses the term "dynamic" signs to refer to non-static signs capable of displaying multiple messages. Several studies documented the ability of a sign to accomplish the first of lhese goals. University of Toronto Observed Driver Glance Behavior at Roadside Advertising Signs (Beljer & Smiley, 2004) · Research done at the University of Toronto compared driver behavior subject to passive (static) and active (dynamic) signs. The study found that about twice as many glances were made toward lhe active signs than passive signs. A disproportionately larger number of long glances (greater than 0.75 seconds) taken were toward the active signs. The duration of 0.75 seconds is important because it is close to the minimum perception- reaction time required for a driver to react to a slowing vehicle. For vehicles with close following distances, or under unusually complex driving conditions, a perception delay of lhis length could increase the chance of a crash. The following findings were reported in this study: . 88% of the subjects made long glances (greater than 0.75 seconds). . 22% of all glances made at all signs were long glances (greater than 0,75 seconds). . 20% of al1lhe subjects made long glances of over two seconds. . As compared to static and scrolling text signs, video and tri-vision signs attracted more long glances. . Video and scrolling text signs received the longest average maximum glance duration. . All three of the moving sign types (video, scrolling text and tri-vision) attracted more than twice as many glances as static signs. "'9 University of T orooto Impact of Video Advertising on Driver Fixation Patterns (Smiley et aI., 2001)' Another study completed at the University of Toronto used similar eye fixation information in urban locations to show that drivers made roughly the same number of glances at traffic signals and street signs with and without full-motion video billboards present. This may be interpreted to mean that while electronic billboards may be distracting, they do not appear to distract drivers from noticing traffic signs. This study also found that video signs entering the driver's line of sight directly in front of the vehicle (e.g., when the sign is situated at a curve) are very distracting. City of Seattle Report (Wachtel, 2001) ,. The City of Seattle commissioned a report in 2001 to examine the relationship between electronic signs with moving/flashing images and driver distraction. The report found that electronic signs with moving images contribute to driver distraction for longer intervals than electronic signs with no movement. Following are major points made in the report: . New video display technologies produce images of higher quality than previously available technologies, These signs have improved color, image quality and brightness. . New video display technologies use LEDs with higher viewing angles. Drivers can read the sigiJ. from very close distances when they are at a large angle from the face of the sign, . Signs with a visual story or message that carries for two or more frames are particularly distracting because drivers tend to focus on the message until it is completed rather than the driving task at hand. . Research has shown that drivers expend about 80 percent of their attention on driving related tasks, leaving 20% of their attention for non-essential tasks. . The Seattle consultant suggests a "10 second rule" as the maximum display time for a video message. The expanded content of a dynamic sign also contributes to extended distraction from the driving task. The Seattle Report examined how this may be due in part to the Zeigarnik effect which describes the psychological need to follow a task to its conclusion. People's attention is limited by the ability to only focus on a small number of tasks at a time, and by the tendency to choose to complete one task before beginning another. In a driving environment, drivers' attention might be drawn to the sign rather than the task of driving because they are waiting to see a change in the message. This loss of attention could lead to unsafe driving behaviors, such as prolonged glances away from the roadway, slowing, or even lane departure. -4\10 While the Zeigarnik effect may be present in a wide variety of driving situations, possible scenarios that could affect drivers include: . A scrolling message requires the viewer to concentrate as the message is revealed. Based on the size and resolution of the sign, and the length of the message, this could range from less than one second to many seconds. . A sequence of images or messages that tell a story, during which the driver's attention may be captured for the entire duration that the sign is visible. Instead of merely glancing at the sign and then returning concentration to the driving task, more attention may be given to the message, . Anticipation of a new image appearing, even if the expected new image is not related to the first image. In this case, the driver may be distracted while waiting for the change, Federal Highway Administration Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Signage (Wachtel & Netherton, 1980) 11 This research provides information on the use of on-premise Commercial Electronic Variable-Message Signs (CEVMS) that display public service information (i.e,. time and temperature) and advertising messages along the Interstate highway system. The research found the following major considerations: . Highway S~fety Considerations The link between changing messages that attract drivers' attention and crashes has been an issue of concern since the earliest forms of electronic signage became avmlable. This study thoroughly reviewed the literature seeking information regarding a potential link between CEVMS and crashes: "Although a trend in recent findings has begun to point to a demonstrable relationship between CEVMS and accidents, the available evidence remains statistically insufficient to scientifically support this relationship. " The study also noted that studies have not documented information about "such occurrences as 'near misses' or traffic impedances that are widely recognized as relevant to safety, and which mayor may not be attributable to the presence of roadside advertising." . Human Factors Considerations Human factors relate to all the elements that explain driver behavior, such as eye glances and driver responses to a variety of driving-related stimuli. The study makes the point that simple driving-related tasks consume relatively little information processing capacity. However, when other conditions, such as congestion, complicated roadway geometries, or weather are also considered, the marginal extra ~11 amount of attention required to read roadside advertisements could lead to driving errors that could cause crashes, "The enormous flexibility of display possessed by CEVMS makes it possible to use them in ways that can attract drivers' attention at greater distances, hold their attention longer, and deliver a wider variety of information and image stimuli than is possible by the use of conventional advertising signs. " Texas Transportation Institute for FHWA, Impacts of Using Dynamic Features to Display Messages on Changeable Message Signs (Dudek et al., 2005) 12 This study examined the comprehension times for three different scennrios for DOT -operated changeable message signs. The scenarios evaluated were: . Flashing an entire one-phase message . Flashing one line of a one-phase message while two other lines of the message remain constant . Alternating text on one line of a three-line eMS while keeping the other two lines of text constant on the second phase of the message The findings of this study were: . Flashing messages did not produce faster reading times. . Flashing messages may have an adverse effect on message comprehension for unfamiliar drivers. . Average reading times for flashing line messages and two-phase messages were significantly longer than for alternating messages, . Message comprehension was negatively affected by flashing line messages. While this research did not evaluate advertising-related signs, it does demonstrate that flashing signs require more of the driver's time and attention to comprehend the message. In the case of electronic billboards, this suggests that billboards that flash may require more time and attention to read than static ones. 3.3.1 OTHER INFORMATION NHTSA Driver Distraction Internet Forum (2000) 13 The National Highway Traffic Safety Administration held an internet forum to gather research and public comment related to driver distraction with an emphasis on the use of cell phones, navigation systems, wireless lnternet and other in-vehicle devices. During this forum, participants were invited to take a poll to determine the most prominent driver f.12 distraction issues. Electronic billboards were identified as one of six noted sources of distraction. Parliament of Victoria, Australia, Report of the Road Safety Committee on the Inquiry into Driver Distraction (2006) 1 This report identified road signs and advertising as one of the largest sources of driver distraction. At least three billboards near Melbourne, Australia display moving images. "The Committee considers these screens to be at the high end of potential visual distraction and accordingly, present a risk to drivers. " The study also included a quote from the Manager of the Road User Behaviour group at VicRoads (the State's road and traffic authority) from a December 2005 hearing: What we do know is when there is movement involved, such as flicker or movement in the visual periphery, that this is more likely to capture a driver's attention. We actually are hard-wired as human beings to movement, so particularly moving screens and information that scrolls at intersections and in highly complex driving situations - these are risky, and in particular researchers have been most concerned about those sort of advertising materials. This opinion would suggest that electronic signs can present a distraction to drivers. 3.4 How Much Distraction Is a Problem? A number of studies were identified that discussed concerns with driver distraction generally, It should be noted that some of the studies cited use specific crash data that is ten or more years old. Direct comparison of distraction sources to influences of today may not be completely valid due to increased technological sophistication of distracting influences. These could include in- vehicle technology (e.g" navigation systems, MP3 players, DVD players, CD players, computer systems, ete,) as well as other potentially distracting influences (e.g., cell phones, text messaging, dynamic signage, other roadway elements, etc.) that were not commonplace when the data for these studies was collected: Australian Road Research Board Investigations of Distraction by Irrelevant Information (Johnston & Cole, 1976) 1" This research used five experiments to test whether drivers could maintain efficient performance in their driving tasks while being subjected to content that was information rich, but irrelevant to driving. The findings were that a small, but statistically significant amount of performance degradation was observed when the participant was under a critical load of stimuli. ~13 National Highway Traffic Safety Administrationl Virginia Tech Transportation Institute Impact of Driver Inattention on Near-CrashlCrash Risk: An Analysis Using the 100-Car Naturalistic Driving Study Data (Klauer et aI., 2006) ,. This study analyzed the data from a driving database developed by the National Highway Traffic Safety Administration. This database contained exhaustive data recorded by instrumented vehicles that measured glance position, impairment, drowsiness, risk taking and many other panuneters potentially involved in crash causation, Vehicles were instrumented so that an observer did not need to be in the vehicle to collect data. Automated data collection reduced the problem of an observer influencing driver behavior. The study found that glances of two seconds or greater doubled the risk of crashes or near-crashes. The study also found that 22 percent of crashes are accompanied by "secondary-task" distraction whether inside or outside the vehicle. National Highway Traffic Safety Administrationl Virginia Tech Transportation Institute Driver Inattention is a Major Factor in Serious Traffic Crashes (2001) 17 The National Highway Traffic Safety Administration commissioned a study to examine the causes of crashes. The study gathered information from four areas throughout the country and used data from the National Automotive Sampling System (NASS) from April 1996- April 1997 for analysis. The geographic areas were selected because they had good crash investigation practices and high interview completion rates, The results of this study are summarized in Table 2. Table 2. Cr08h Causation Summary Percentage of Drivers Contribntin~ to Cansation 22,7 18.7 18.2 15.1 10.1 6.4 8.8 Causal Category Driver Inattention Vehicle Speed Alcohol Impairment Perceptual Errors Decision Errors Incapacitation Other Association for the Advancement of Automotive Medicine The Role of Driver Inattention In Crashes; New Statistics from the 1995 Crashworthiness Data System (Wang, 1996) 13 This report analyzed the NHTSA 1995 Crash Worthiness Data System (CDS). It found that the greatest source of driver distraction (3.2 percent) was due to a specified person, object or event outside the vehicle. The full results of the study are presented in Table 3, fl.14 Table 3. Percentage of CDS Crashes Involving Inattention-Distraction Related Crash Causes . 'hi %or DaG Element Drl'rm Crll$h.. A_ve.. notdlstractcd 46.6" 23.4" Looked but did not see 5.6111 ~.711i Di__ by oIller ~~~-nt I...""iliecl] 0.9jlj L.6% Di_ bv ...vi.. .bo..l u. vehi.te rspocifiodl 0.3l1i 05% Di_.ted whIl. diolmg, '":'~":' or Ii.....mg t<t <>tlIular O.t%@ O.llIi@ .hOllO lloa.liOJland ..;;~ or ... ..oolfledl DiBlraoted whIl. odlusting climoto .......!o 0.2%@ 0.3%@ DIstraeted w~ .diustin. mlio ..._ CD r..ooiIiedJ t.U; 2.l\lI; Dislnwted whIl. using other devicol.bjcctlll vobielo O.t" ou Slooov or feU u!eell 1.5" 2.6$ ~tod bv outside .........., obieeL or""" [....ifiecl] 2.0" 3.2% otdtiJlkina 0.1% 0.2\16 Smoking-related ~ O.t% 0.2" Dlstractedlina_ve. detailo unknown t.5$ 2.6,. Olh... di&ltlwlio.l_iliedl 1.3" 2.2" U.....<>wnIN. Driver 38.5$ 46.091 W...btoddriv", N w 4.627,(101) (7.943. UIIW.I$lIted); w<lafIto6 _ N w 2,619.(101) (4,53<;); In orde.r for I cralh t(l classified ....ueMivlt,.. illlnvoMld <IriYui htd to bo (:ltmfied: ~lve.," (fIl: - estiMate bued on $..9- CII*". University of North Carolina Highway Safety Research Center The Role of Qriver Distraction in Traffic Crashes (Stutts et at, 2001) ,. A study prepared by the University of North Carolina Highway Safety Research Center for the AAA Foundation for Traffic Safety examined the sources of driver distraction in traffic crashes, The data came from the CDS from 1995-1999, Of the thirteen specific sources of distraction tracked by the study, the greatest source 'of distraction was an outside person, object or event. While the study does not break down the sources of outside distraction, it does show that distractions outside the vehicle are the largest factor in distraction-related crashes, The results of this study are presented in Table 4. Table 4. Specific Sources of Distraction Amonf( Drivers in Distraction-Related Crashes S .ft D' t ti Percentage of pecl IC IS rac on D . rivers Outside person, object or event Adjusting radio, cassette, CD Other occupant in vehicle Moving object in vehicle Other device/object brought into vehicle Adjusting vehicle/climate controls Eating or drinking Using/dialing cell phone Smoking related Other distraction Unknown distraction Total 29.4 11.4 10.9 4.3 2.9 2.8 1.7 1.5 0.9 25.6 8.6 100,0 ~15 Three studies were found which attempted to measure driver behavior specifically in response to dynamic signage. Two of these studies demonstrated a potential relationship between dynamic signage and crash rates: Minnesota Department of Transportation, The Effectiveness and Safety of Traffic . and Non-Traffic Related Messages Presented on Changeable Message Signs (CMS) (Harder. 2004) 2. This study used a driving simulator to measure the effect of Department of Transportation changeable message signs on traffic flow. The two messages evaluated were a "crash ahead" warning and an AMBER Alert (child abduction information). The research found that just over half of the participants used the "crash ahead" message and 60 percent could recall the AMBER Alert with scores of Good or Better, Over one fifth of the participants slowed down by at least 2 rnph upon seeing the AMBER Alert, demonstrating that messages relevant to drivers are associated with changes in at least some drivers' travel speed. Decision of the Outdoor Advertising Board in the Matter of John Donnelly & Sons, Permitee, TeJespot of New England, Inc., Intervenor, and Department of Public Works, Intervenor, with Respect to Permit Numbered 19260 as Amended (1976) 21 This proceeding documents the Commonwealth of Massachusetts Outdoor Advertising Board's ruling regarding one of the first changeable signs, 1bis sign was located near an arterial road in Boston and used magnetic discs to portray a message that changed every 30 seconds. The original sign permit was rejected based on four criteria, one of which was safety. Upon appeal, the Massachusetts Department of Public Works allowed the permit based on the fact that the sign would give the public a benefit. However, they ultimately determined that the sign was a safety hazard based on crash rates before and after the sign was installed. Tables 5 and 6 show the change in craSh rates. Table 5. Telespot Sign Crash Rates - Expressway Southbound Average Average Average per year per year Percent {1/1/1970- (1/111973- 12/31/1972) 3/31/19751 Change Crashes where the sign was viewable 29,0 20.0 -31.0 (north ofshm) Crashes where the sign was not viewable 39.0 15.6 -60.0 (sonth of si~n1 ~16 Table 6. Telespot Sign Crash Rates - Expressway Northbound Average per year Average per year Average (1/111970- (1/1/1973- Percent 12131/1972 3131/197 Chan e Crashes where the sign was viewable 46.3 42.7 -7,8 sonth ofs' n Crashes where the sign was not viewable 8.0 1.8 -77.S (north ofsi n This analysis shows that while crash rates decreased on comparable sections in the years after the sign was installed, the sections where the sign was visible experienced smaller crash rate decreases, Due to these arguments, the Board ruled that the operation of the sign must be terminated, Wisconsin Department of Transportation Milwaukee County Stadium Variable Message Sign Study - Impacts of an Advertising Variable Message Sign on Freeway Traffic (1994)~~ A study prepared by the Wisconsin Deparlment of Transportation (WisDOT) examined crash rates before and after an advertising variable message sign was installed in 1984 on the Milwaukee County Stadium, home of the Milwaukee Brewers professional baseball team. Crash statistics were analyzed for the three years before and the one and three years after the sign was installed. As they are often associated with driver distraction, side-swipe and rear-end crashes, as well as total crashes, were examined for both the eastbound and westbound directions. The sign was much more visible to eastbound traffic due to the stadium's proximity to the roadway and the amount of visual obstructions for westbound traffic. The analysis found an increase in crash rates for all crash types in the eastbound direction after the sign was installed. Most pronounced was an 80 percent increase in side-swipe crashes after the first year of installation, Results in the westbound direction were mixed, with a 29 percent decrease in crashes the first year the sign was in place and a 35 percent increase in the three years the sign was in place. Although no control roadway sections were studied, an interview with the study author revealed that the introduction of a sign on a high volume curving roadway may have introduced enough distraction to an already demanding driving environment to explain the higher crash rate in the eastbound direction. The study author also stated that the study was not able to establish a causal relationship between the sign and the crash rates.23 Federal Highway Administration Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction (2001) 2' The Federal Highway Administration published a comprehensive report in 2001 that consisted of a literature search, literature review and a description of research needs for &17 the topic of electronic billboards (EBBs). While the study did not conduct any new research, it does provide an excellent summary of the role electronic billboards play in traffic safety and includes good descriptions of the terminology related to electronic billboards. Selected findings from that synthesis are provided below: "In most instances, researchers were not able to verify that an EBB was a major factor in causing a crash. Only one study since the I980 review and one lawsuit were identified. " "Studies were identified that verified that: an increase in distraction, a decrease in conspicuity, or a decrease in legibility may cause an increase in the crash rate, " "Commercial EBBs are designed to 'catch the eye' of drivers. Their presence may distract drivers from concentrating on the driving task and visual surrounds. " "There is indication that individual differences in age and driving experience may be important considerations in driver distraction, and are relevant to understanding driver responses to the external environment. Furthermore, research regarding driver familiarity of their route demonstrated that visual fixations on roadway signs decreases as route familiarity increases. This research may show that there is a difference bf)tween commuter and visiting drivers. " Based on these findings, the FHW A recommended additional research to further demonstrate how roadway characteristics, sign characteristics and legibility; driver characteristics and other potential driver distractions affect traffic safety. FHW A was contacted to see if any new information was available. Greg Davis, a Research Psychologist with the FHWA Office of Safety R&D, indicated that the FHWA has not performed additional studies on the topic since the report was published, He stated that there is "no direct correlation between electronic outdoor advertising signs and crash rates". He referred to a before/after study of electronic signs installed along a freeway in Las Vegas that found no change in crash rates, He went on to say that the lack of a research finding that links signs with crash rates does not mean that a causal relationship does not exist. He indicated that he has been contacted by several law enforcement agencies regarding the link between driver distraction and dynamic message signs/electronic billboards. He indicated that this is a timely and pertinent topic for many states due to the increasing popularity and capabilities of electronic outdoor advertising devices, and he expects further research to be forthcoming. He advocates for a new study that can control for all variables and determine if a cause and effect relationship exists.25 3.5 How Does "Brightness" Affect Driver Safety Concerns? The brightuess of any sign, static or dynamic, raises concerns with discomfort or disability glare to the driver that may arise when viewing any lighted object. Disability Glare occurs when a ~18 driver is exposed to a light source so bright that it temporarily blinds the driver, impairing their ability to perform driving tasks. This temporary blindness is brief, but can be dangerous. Discomfort Glare occurs when a light source is bright enough to distract or encourage the driver to look away from the light, but is not blinding. Discomfort glare is of particular concern in cases where a bright sign is located in the same line of sight as a tmffic sign, signal or another vehicle. While concerns about glare are not unique to dynamic signs, newer sign technologies, which often include dynamic components, have the technical capability to emit more light and/or respond to ambient light conditions, raising additional concerns about sign brightness in areas where signs compete with regulatory traffic signs or signals. 3.6 Billboards and Other Sign age Regulation: a Minnesota Perspective Roadside signage is governed by policies and laws at the federal, state and local levels. Minnesota Statute, Chapter 173 seeks to "reasonably and effectively regulate and control the erection or maintenance of advertising devices on land adjacent to such highways." The statute requires adherence to federal statutes with respect to interstate and primary systems of highways, Minnesota Statute Ch. 173.16 Subd. 3. regulates lighting of signs. Signs which are "illuminated by any flashing light or lights, except those giving public service information" (time, date, temperature, weather or news) are prohibited, Tills section also states: (b) Advertising' devices shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway, of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle; or which otherwise interfere with any driver's operation of a motor vehicle are prohibited. and (c) Outdoor advertising devices shall not be erected or maintained which shall be so illuminated that they interfere with the effectiveness of or obscure any official traffic sign, device or signal. 3.7 Billboard and Other Signage Regulation: Other Perspectives During the course of this study, several articles were found which summarize regulation of dynamic signage in other states: Wisconsin Department of Transportation Electronic Billboards and Highway Safety (2003) 2. The Wisconsin Department of Transportation also published a literature review report to further explain the current state of EBB research, Although much of the information is 1),19 mentioned in other sections of this report, the Wisconsin reVIew did summarize Wisconsin's regulations for electronic billboards, . No message may be displayed for less than one-half second; . No message may be repeated at intervals ofless than two seconds; . No segmented message may last longer than 10 seconds; . No traveling message may travel at a rate slower than 16 light columns per second or faster than 32 columns per second (light column defined as pixel column); . No variable message sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. National Alliance of Highway Beautification Agencies (1999) 21 Although this survey is eight years old, it generated the following information related to electronic billboards: . Nine states had specific regulations governing signs, . Nine states had regulations on tn-vision signs that were either being drafted or in pending legislation, . Fifteen states had regulations regarding moving parts and/or lights, . Nine state llad no regulations on tn-vision signs, and . Six states and Washington, DC, prohibited tri-vision signs. An investigation into state outdoor advertising regulations was also conducted. . Thirty-six states had prohibitions on signs with red, flashing, intermittent, or moving lights, . Twenty-nine states prohibited signs that were so illuminated as to obscure or interfere with traffic control devices, and . Twenty-nine states prohibited signs located on interstate or primary highway outside of the zoning authority of incorporated cities within 500 ft of an interchange or intersection at grade or safety roadside area. Parliament of Victoria, Australia, Report of the Road Safety Committee on the Inquiry into Driver Distraction (2006) " This report, cited earlier for its driver distraction opinions, identifies road sigus and advertising as one of the largest sources of driver distraction. VicRoads, the state's road and traffic authority, has implemented the following regulations. "'20 Figure 1. VicRoads' Ten Point Road Safety Checklist An advertisement, or any structure, device or hoarding for the exhibition of an advertisement, is considered to be a road safety hazard if it: 1. obstructs a dIiver's line of sight at an intersection, curve or point of egress from an adjacent property; or 2. obstructs a driver's view of a traffic control device, or is likely to create a confusing or dominating background which might reduce the clarity or effectiveness of a traffic control device; or 3. could dazzle or distract drivers due to its size, design or colouring, or it being illuminated, reflective, animated or flashing; or 4. is at a location where particular concentration is required (eg. high pedestrian volume intersection); or 5. is likely to be mistaken for a traffic control device, for example, because it contains red, green or yellow lighting, or has red circles, octagons, crosses or triangles, or arrows; or 6. requires close study from a moving or stationary vehicle in a location where the vehicle would be unprotected from passing traffic; or 7. invites dIivers to turn where there is fast moving traffic or the sign is so close to the turning point that there is no time to signal and turn safely; or 8. is within 100 metres of a rural railway crossing; or 9. has insufficient clearance from vehicles on the carriageway; or to. could mislead drivers or be mistaken as an instruction to dIivers. A21 VicRoads also gives operational requirements for electronic advertising message signs. Signage must: . not display animated or moving images, or flashing or intermittent lights; . remain unchanged for a minimum of 30 seconds; . not be visible from a freeway; and . satisfy the ten-point checklist 4.0 SUGGESTED REGULATORY APPROACH Local governments regulate electronic outdoor advertising devices in widely varying degrees. Some cities completely prohibit the use of all electronic signs (sometimes specifying LED signs), while others have no regulations specific to electronic signs. Between those two extremes, there are many levels and types of control that can be applied. The primary concerns to keep in mind when considering sign regulations are 1) First Amendment rights, which can be affected by regulations that affect the content of a sign's message, and therefore should be avoided, and 2) changing technology, which can quickly make a sign ordinance no longer applicable if the ordinance has been specifically written to address a certain type of sign technology. Performance based measJ!fes may therefore be preferable as they remain viable even as sign technology advances. 4,1 Definitions Signage discussions often include a number of different words or phrases used to describe the technical characteristics of signage devices or their components (such as LEDs). For the purpose of zoning, some additional terms are also used to describe sign characteristics. Any regulatory efforts should take care to precisely defme terminology. One possible resource in this effort is "Street Graphics and the Law," published by the American Planning Association (APA) Planning Advisory Service29. 4.2 Types of Regulatory Measures 4.2.1 Complete or Partial Prohibition of Electronic Sil!lls Some cities have completely prohibited the use of electronic outdoor advertising devices. For example, the City of Maple Valley, WA prohibits all types of electronic outdoor advertising devices including animated signs, electronic changeable message signs, flashing signs or displays, moving signs, scrolling displays, and traveling displays. This applies to both on- premise and off-premise signs, Other cities are very selective about where electronic signs are allowed, allowing them only in certain zoning districts. There are very few "standard" approaches. For the most part, each.local "'22 government tailors their regulations to their own situation. One approach adopted by cities is to prohibit electronic outdoor advertising devices in residential zoning districts, and for a certain distance away from residential zoning districts, similar to the zoning limitations placed on illuminated signs. Some ordinances require that electronic signs be situated such that the sign face is not visible from nearby residences. 4.2,2 Size Limitations on Electronic Sims Another way of regulating electronic signs is to limit their size, Again, there is no set standard for this. One ordinance reviewed for the purpose of this study limits the electronic portion of a sign to no more than 50 percent of the sign face with the overall size determined by whatever the sign ordinance allows for a particular zoning district. Other examples of electronic sign size limitations include five square feet, 1,000 square inches, 20 square feet, and SO forth, In other ordinances, there is no differentiation made between the size of electronic signs and other signs. According to input from representatives of the sign industry, the smaller the size of the electronic sign, the more desirable it is for businesses to use frequent message changes, or sequenced messages, where more than one screen of text is used to convey an entire message. 4.2.3 Rate-of-Chanj1:e Limitations on Electronic Signs Many communities that allow electronic signs also regulate the rate at which the messages on the signs can be changed Research on sign codes has shown this to range from as little as four seconds to as long as 21 hours, The Interstate 394 sign between Ridgedale Drive and Plymouth Road is visible for approximately 45 seconds at free flow traffic speeds. Depending on text size, the message may not be readable by drivers during this entire duration, but the message changes can attract attention from long distances. Depending on how often the message changes occur and the speed of traffic, drivers on this segment could see a varying number of discrete messages, Table 7 provides the number of message changes a driver would see at different change durations and traffic speeds. j23 Table 7. Number of New Messages Seen at Various Driver Speeds and T. IB ime Interva s etween Messarre8 I Number of Messal!es Seen i I Message Display Time (seconds) i , Time sign is , Speed clearly visible* 1800 3600 (mph) (seconds) 6 8 10 60 (30 minutes) (1 hour) I 30 60 11 9 7 2 1 1 45 40 I 8 6 5 2 I 1 55 33 7 5 4 2 I I . Assunring the sign is clearly visible from one-half mile away. Prohibiting displays from changing quickly can minimize potential driver distraction, but it would significantly limit the message owner's ability to convey information that does not fit on one screen of the sign. Using two or more successive screens to convey a message is referred to as sequencing. Based on the studies summarized in part 3 of this Report, including the glance duration studies performed by Klaur for the FHW A in 2006 and by Beijer & Smiley in 2004, and Wachtel's analysis for Seattle of the Zeigarnik effect, a message delivery system such as sequencing that requires or induces a driver to watch the sign for several seconds increases the likelihood of driver distraction. Based on information from the sign industry, for sequencing to be effective in a marketing sense, a brief rate-of-change (1-2 seconds) is generally used before transi tioning into the next screen. Some codes specify how an image changes, while other codes prohibit the use of transitions, The change from one image to another can be accomplished by various techniques: no transition - simply a change from one screen to another, or fading or dissolving one image into the next. Flashing, spinning, revolving, or other more distracting transition methods can be prohibited, allowing businesses to use sequencing in an effective manner without making the signs overly distracting. Another way of regulating distracting transitions is to require a very short time of a dark or empty screen between images. 4.2,4 Motion. Animation. or Video Limitations on Electronic Signs Motion on a sign can consist of everything from special text effects (spinning, revolving, shaking, flashing, etc.) to simple graphics, such as balloons or bubbles rising across the screen, to more realistic moving images that have the appearance of a television screen. According to sign industry representatives, video imagery on a sign is referred to as "animation" if the sign is limited to the capability of 10 frames per second. Fewer frames per second make the moving image look more like animation. Imagery produced by signs that have the capability of processing up to 30 frames per second is accurately referred to as "video" imaging, Many communities that allow dynamic signs do not allow the application of any type of motion, animation, or video on the signs. However, Seattle was obliged to allow video imagery on their signs after earlier signage code regulating certain types of signs was not strictly enforced. In addition to requiring a dark period between successive messages to overcome the Zeigarnik effect, Seattle also limits the duration of the video message to a minimum of two seconds and a ~24 maximum of 10 seconds. This time frame was established based upon careful calculations of the streets from which these signs could be seen, speed limits and traffic volumes in addition to the community's concern over the extent to which moving images could distract drivers. However, Seattle also limits the size of their electronic signs to a maximum of 1,000 square inches, with no single dimension greater than three feet, thus minimizing the effect of video images, 4.2,5 SilJn Placement and Soacing Regulating the number of dynamic sign potentially visible to a driver at anyone time as well as the position of the sign in relationship to the roadway may reduce distraction to drivers. Spacing requirements should consider the speed, width and horizontal and vertical aIigrunent of the roadway. Some communities have established minimum distances between electronic signs. Establishing an adequate distance between these types of devices seems particularly important if a fairly fast rate of change is allowed for the purpose of facilitating sequenced messages or if animation and video imaging is allowed. Closely spaced signs attempting to convey sequenced messages may simply create visulli overload and an over-stimulated driving envirorunent. Research conducted to date has not yielded infonnation about optimal electronic sign spacing. Seattle adopted a 35- foot spacing requirement for their electronic signs based upon multiple levels of analysis of the downtown city environment in which these signs are present. Due to the varying characteristics of individual roadways in this regard, overlay districts allowing dynamic signage with conditions specific to that area could be considered. Overlay districts could also talce into account other locational factors such as offset from the roadway and conspicuity, Determining appropriate offsets from the roadway must consider roadway clear zone requirements as well as spacing of frontage roads and access points, while also considering the signage too far outside the driver's line of sight may be a further distraction. Conspicnity, a sign's ability to stand out from its surroundings, should also be considered: 4,2.6. Text Size Legibility is another important property of signage. The preferred approach used within highway signing is that drivers can read text that is 1 inch high from 30 feet away. Larger text is needed for signs to be legible at greater distances. Large, legible text allows the driver to read the billboard from varying distances and focus on the driving task. Conversely, with small text, the driver is more likely to focus on the sign for a longer period of time and possibly be more adversely distracted. However, the size or type of text or the amount of text due is rarely regulated, /),25 4.2.7 Brightness Limitations on Electronic Sims One of the main concerns about the use of electronic signs, regardless of whether they consist of changeable text, animation, or video, is the brightness of the image. The brightness of an object can be characterized in two ways. lluminance is the total brightness of all the light at a point of measurement. llluminance often describes ambient light and can be measured with a standard light meter such as is used in photography. Luminance is the measure of the light emanating from an object with respect to its size and is the teon is used to quantifY electronic sign brightness. The unit of measurement for luminance is nits, which is the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square meter), Many, but not all, LED-type signage can be time-programmed to respond to day and nighttime light levels. Higher-end signage types are equipped with photo cells to respond to ambient light conditions. Despite these controls, LED signs have been observed that are considered to be excessively bright. Sign industry representatives indicate that excessive brightness can be the result of I) sign malfunction or improper wiring, 2) lack of photo cell and/or dimming mechanism, or 3) operator error or lack of understanding that brightness is not necessarily an advantage, especially if it makes a sign unreadable or unpleasant to look at. They also maintain that the intent ofthe electronic sign industry is to establish a brightness level that is similar to a traditional internally or externally lit sign. Recent observations of sign technicians calibrating the Interstate 394 LED billboard noted that the brightness controls are not calibrated to specific nit levels, but rather vary in proportion to a set maximum level, like a volume control dial on a typical car radio. To control the extenHo which electronic signs are a distraction or the extent to which they are readable, many local governments have adopted regulations that limit nit levels, At this time, ordinances that use nit level limitations typically differentiate between day time and night time nit levels, A common daytime nit limitation ranges from 5,000 to 7,000 nits. A common nighttime limitation is 500 nits, although in areas that are extremely dark at night, with very little in the way of ambient light levels, less than 500 nits may be appropriate. Other communities have taken this farther, such as Lincoln, Nebraska, whose sign code incorporates a graph of varying ambient light levels ranging from night time to a bright sunny day and all conditions between those two extremes, and has correlating nit limitations for the various ambient light levels. Enforcement of these types of regulations is challenging as luminance of electronic signs is very difficult to measure in the field. Typically, sign luminance is measured and calibrated in a controlled factory setting using a spectral photometer to measure the light output. This calibration setting is then used in conjunction with a photo cell to control the brightness of the sign. The higher the ambient light levels, the brighter the sign. There are different nit thresholds for various colors. White is most often used to set dimming levels because at a constant nit level, white has the most intensity as perceived by the human eye. Lincoln uses a light meter to conduct testing on electronic signs and found a wide range of luminance levels. One small electronic sign had luminance levels of 13,000 nits. The process that Lincoln uses to check luminance levels is to hold a luminance meter close to the face of the sign so that it captures only the light emitted from the sign. They have not had any requests to ~26 measure the brighmess of LED billboards, so the viability of using this approach on billboards has not been explored. In Seattle, sign luminance was found too difficult to measure, so signs are visually inspected when complaints from the public are received, Sign owners are then contacted and asked to adjust sign luminance accordingly. Both Mesa, Arizona and Lincoln, Nebraska have included a requirement for written certification from the sign manufacturer that the light intensity has been preset not to exceed the illumination levels established by their code, and the preset intensity level is protected from end user manipulation by password protected software or other method approved by the appropriate city official. This language appears to offer the advantage of ensuring that electronic signs, at a minimum, cannot exceed a certain established level ofbrighmess. At a minimum, it is important for communities to require all electronic signs to be equipped with a dimmer control. A requirement for both a dimmer control and a photo cell, which constantly keeps track of ambient light conditions and adjusts sign brightness accordingly, is optimal. Over time, the LEDs used in electronic signs have a tendency to lose some of their intensity, and an owner may choose to have the sign adjusted and calibrated, which involves adjusting the level of electrical current in a manner that affects the brightness of the sign. This occurs over the course of two or three years. Having maximum nit levels established would ensure that the sign company has upper limits to work with as far as adjusting the sign is concerned. 4.3 Public Review Most communities establish rules within their sign code and do not create opportunities for electronic signs to be approved through conditional use permits or special use permits. Some communities with special overlay districts, or areas that are oriented toward entertainment and night life, have established a review process for electronic signs, or for various functions of electronic signs such as animation and video, Other communities take the opposite approach, where they allow electronic signs with no controls whatsoever, except in certain special areas, such as a historic overlay district, or a historic downtown district, where the signs are prohibited. Each community needs to tailor their application of electronic signs to meet their needs. As of the writing of this report, no ordinances have been discovered that have a special review committee just for the purpose of electronic signs. Typically, sign regulations established in the zoning ordinance would be reviewed in accordance with existing review and approval processes, As with other development features, dynamic signage should be either prohibited, permitted, or conditional depending upon the zoning district and/or the specific features of the sign as established within the city's regulations (I.e. size, specific location with respect to the adjacent roadway, zoning district, proximity of sensitive uses), The recommended review process for pelmitted dynamic signs should be the same as procedures already in place for administrative b,27 review. For dynamic signs requiring a Conditional Use Permit (CUP), the standard process for public notification and a public hearing before the planning commission should apply. 5.0 CONCLUSIONS AND RECOMMENDATIONS Driver distraction plays a significant role in traffic safety. Driver distraction is a factor in one in four crashes, and of those crashes involving driver distraction, one in four involves distractions outside the vehicle. The extent to which dynamic signage contributes to traffic safety has been examined in this study. Following are some of the major findings from a review of available research. . Drivers that are subjected to information-rich content that is irrelevant to the driving task (such as digital advertising) may be tempornrily distracted enough to cause a degradation in their driving performance. This degradation could lead to a crash. . The unlimited variety of changing content allows dynamic signage to attract drivers' attention at greater distances and hold their attention longer than traditional static billboards. . Several studies have found a correlation between crashes and the complexity of the driving environment. For example, crash rates are higher at intersections because the difficulty of the driving task is increased by the roadway's complexity. Complex driving environments place a high demand on drivers' attention. Introducing a source of distraction in an already demanding driving environment is more likely to result in crashes. This is illustrated by the 1994 Wisconsin POT study that examined crash rates before and after installation of an electronic sign on a high-volume curving roadway. Introduction of this sign was identified as a likely factor of the 80 percent increase in side-swipe crashes that was experienced, . Many studies have noted a correlation between outdoor advertising: signs and crash rates, but have not established a causal relationship between the signs and crash rates. Driving is a complex task influenced by multiple factors. It is not necessary to establish a direct causal relationship between outdoor advertising signs and crash rates to show that they can make the driving task less safe. While the research shows that driver distraction is a key factor in many motor vehicle crashes, this often includes many interacting factors that distract drivers. The specific driver distraction danger that advertising signs contribute is difficult to quantify, A study that could control for multiple variables (human factors, vehicle, enforcement and the roadway environment) would be needed to provide a definitive statement on the level of driver distraction that signs produce, Such a study would likely find that not all advertising signs cause distraction that would lead to crashes, but some signs in some situations are more likely to contribute to crashes than others. Overall, the literature review conducted for the purpose of this study identifies a relationship between driver distraction and electronic outdoor advertising devices. As indicated, driver distraction is a significant factor in crashes, The purpose of dynamic signage is to attract the attention of people in vehicles, so a natural conclusion from that knowledge is that drivers may be distracted by them. Professional traffic engineering judgment concludes that driver distraction generally contributes to a reduction in safe driving characteristics, A-28 For this reason, state departments of transportation have carefully studied the design and location of dynamic signs within the highway right-of-way. Their goal is to convey a message to the traveling public in a manner that is as straight-forward and readable as possible without being a visual "attraction". The goal of the outdoor advertising sign is to be a visual attraction outside the right-of-way, possibly making it a source of driver distraction. Nevertheless, the actual change in crash rates influenced by the presence of any specific device has not been quantified in a manner that fully isolates the impacts of an electronic sign. Recent studies conducted by FHW A and others have cited the need for further research. In the interest of promoting public safety, this report recommends that electronic signs be viewed as a form of driver distraction and a public safety issue. Therefore, the ordinance recommendations identified here should be considered. These recommendations should be reviewed in the future as additional research becomes available. With respect to regulatory measures for electronic outdoor advertising signs, it is important that local governments take a thorough approach to updating their ordinances to address this issue. For example, an ordinance that addresses sign motion, but does not address brighmess and intensity levels may leave the door open for further controversy. This report seeks to identify all of the aspects of electronic outdoor advertising devices that are subject to regulation. It does not specifically state what those regulations should be (e.g. the size of electronic signs), since these are all things that policy makers and staff must take into careful consideration. Further, as driver distraction and resulting influences on safety do not, in a practical sense, distinguish between on- premise and off-premise signage, this distinction is not highlighted in the recommendations below. Regulatory Measures recommended for consideration To properly address the issue of dynamic signage, it is recommended that the sign code. address the following: 1. Identify specific areas where dynamic signs are prohibited. This would typically be done by specifying certain zoning districts where they are not allowed under any circumstances. If dynamic signs are to be allowed in specific areas, this could be done by zoning district (only higher level commercial districts are recommended for consideration) or by zoning overlay related to specific purposes (e.g. entertainment or sports facility district) or to specific roadway types. 2. Determine the acceptable level of operational modes in conjunction with such zoning districts or overlays. The various levels include: a. Static display only, with no transitions between messages, b. Static display with fade or dissolve transitions, or transitions that do not have the effect of moving text or images, c. Static display with scrolling, traveling, spinning, zooming in, or similar special effects that have the appearance of movement, :mimation, or changing in size, or get revealed sequentially rather than all at once (e.g. letters dropping into place, etc.), and ~29 d. Full animation and video. 3. If one of the fonns of static display is identified as the preferred operational mode, a minimum display time should be established, This display time should correspond to the operation roadway speed (rather than posted speed limit), allowing at most one image transition during the time that the sign if visible to a driver traveling at the operational speed. If a shorter minimum display time is considered, the effects of message sequencing should be considered. Wait intervals of more than 1-2 seconds between sequenced messages have the potential to become more of a distraction as viewers wait impatiently for the next screen, in an effort to view the complete message. 4, If the community wishes to accommodate animation or video in some or all locations where dynamic are permitted, a minimum and maximum duration of a video image should be established, The purpose for establishing a time limit is to ensure that the message is conveyed in a short, concise time frame that does not cause slowing of traffic to allow drivers to see the entire message, Given the creativity of advertising, these video images may be seen as a form of enteltainment, and people typically like to see an entertaining message through to the end, Differentiate between zoning districts where dynamic signs are permitted by right, and zoning districts, overlay districts, or special districts where they should only be allowed through the approval of a Conditional Use Permit. A CUP would involve public notification arid review and approval by the Planning Commission. Other options would include a design review board or other dispute resolution process. 5. Consider the establishment of minimum distance requirements between electronic outdoor advertising devices in relation to the zoning district or roadway context in which the signs are allowed. 6. Consider size limitations on dynamic signs for zoning districts where they are allowed. This may vary from one district to another. 7. Consider if dynamic signs are allowed independently, or if they must be incorporated into the body of another sign, and therefore become a limited percentage of the overall sign face. 8. Establish a requirement for that all dynamic signs that emit light be equipped with mechanisms that allow brightness to be set at specific nit levels and respond accurately to changing light conditions, The City must establish the authority to disable or turn the device off if it malfunctions in a manner that creates excessive glare or intensity that causes visual interference or blind spots, and require that the device remain inoperable until such time that the owner demonstrates to the appropriate city official that the device is in satisfactOlY working condition. If such technology is not available, consideration should be give to banning dynamic signs that emit light until such time as the technology allows brightness levels to be precisely controlled. ~30 9. Consider maximum brightness levels that correlate to ambient (day or night condition, lighting of surrounding context) light levels. A maximum daytime and separate nighttime nit/footcandle level should be established. Consider wording that requires the sign to automatically adjust its nit level based on ambient light conditions. 10. Consider a requirement for a written certification from the sign manufacturer that the individual sign's maximum light intensity has been preset not to exceed the maximum daytime illumination levels established by the code, and that the maximum intensity level is protected from end user manipulation by password protected software or other method approved by the appropriate city official. 11. Require sign owners to provide an accurate field method of ensuring that maximum light levels are not exceeded. If such a method cannot technically be provided, consider banning dynamic signs that emit light until such time as the technology is available, ~31 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is speciftc to City of Minnetonka issues and may not be suffICient to address concerns in other communities** APPENDICES A32 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further clumges are anticipated following Signage Workshop ** Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities** Appendix A Current Sign Technologies A33 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **PrelimiIlary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities** Appendix A - Current Sum Technolol!ies Roadside signage has long been used to alert and direct travelers to retail businesses, lodging, attractions and other destinations. Until the 201h century much of this image was "static" in nature, presenting a single image that could only be altered by repainting or otherwise removing an image and replacing it with another. With the advent of motorized travel, signage became more "dynamic" or active in its efforts to attract the traveler's attention as they moved at ever increasing speeds. Initially, motion was created by flashing bulbs or alternating sets of neon tubes, Today's technologies allow for an increasingly sophisticated display of images that can be manipulated by a few strokes of a keyboard. Simpler forms of signs capable of displaying multiple images include "tri-vision" signs which present a series of images through mechanical rotation of multi-sided vettical strips. The rotation occurs at regnlar intervals presenting a series of static images. Other forms are electronically produced, allowing for a wide range of colors, messages and images depending on the level of technology, and typically produced by light emitted by the sign face. Basic levels of technology present letters or numbers in a single color of light, such as "time and temperature" signs or gas pricing signs, Many of these signs can present longer images,in a scrolling fashion, or can provide simple animations. Recent advances have introduced a variety of technologies to the outdoor advertising arena. The largest impact has been made with LED signs which offer an inexpensive yet powerful approach that combines full motion, brilliant colors and a readable display. Other technologies are in development, including "digital ink" signs that offer a changeable medium on a surface that looks like a normal vinyl billboard. These signs manipulate ink on the surface, allowing for a dynamic presentation of images without being internally illuminated, The various sign technologies are referenced by a wide array of terms: "changeable message signs," "electronic billboards," "animated signs." In general, this report focuses on the broad range of signage types which are capable of displaying multiple images through electronic manipulation, which we will refer to as "dynamic" signing. Reference to specific signage types is made when necessary to discussion of specific issues (e,g, the brightuess of LED signage). 1\~4 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities** Appendix B Outdoor Advertising Sign Brightness Dermitions A35 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA . Further changes are anticipated following Signage Workshop **Prelimmary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities** Annendix B - Outdoor Advertisinl!: Silm Bril!:htness Definitions This appendix defines various technical terms that are used to describe the operational aspects of electronic billboards. Billboard Illuminance Billboard illumination is typically discussed using two terms: illuminance and luminance. Because this section includes some technical jargon, a glossary that further defines terms used in outdoor advertising is provided in Appendix C. Dlnminanee: The amount of light that is incident to the surface of an object. This is the method for describing ambient light levels or the amount of light that is projected onto a front-lit sign. This parameter is typically measured in lux (footcandles x meters). For the purposes of dimming, illuminance is discussed to describe the ambient light that hits the photocell. Lnminance: The amount of light that emanates from an internally illuminated sign. This parameter is measured in nits. The nit levels necessary for the sign to be legible vary with the ambient light conditions, On a sunny day, the nit levels must be very high, while at night, the levels must be very low to prevent the image from distorting and to prevent glare. Billboard Luminance (Brightness) Luminance is measured in nits (candelas/square meter) and describes how bright the image is, In essence, it is the amount oflight that is radiated from the sign divided by the amount of surface area of the sign. No matter how big the sign is, the luminance of the sign is consistent. For example, the brightness of computer monitors is also measured in nits. The European standard "EN 12966" specifies that at certain ambient light levels, the sign should output a given number of nits, There are different tables for each color due to the properties of how the human eye interprets each color. The color that is most often used to set dimming levels is white. The FHW A has developed recommended practices for dynamic message signs installed within the roadway right-of-way. The standard is NEMA's TS-4 "Hardware Standards for Dynamic Message Signs (DMS) With NTCIP Requirements." Note that these standards were prepared for message signs deployed within the roadway right-of-way and should not be taken as recommended luminance levels for advertising signs. Table A-I provides a simplified version of the NEMA TS-4 standard for the color white. ~6 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities** Table A-l - Luminance Standards Ambient Light (lux) 40,000 Sunlight 10,000 Cloudy 4,000 Overcast 400 Sunrise/Sunset 40 Candlelight less than 4 Moonlight Source: NEMA TS-4 (2005) Approximate Light Minimum Luminance (nits) 12,400 12,400 2,200 600 250 75 Maximum Luminance (nits ) 62,000 11,000 3,000 1,250 375 Billboard Resolution Billboards require far less resolution than print advertisements. For example, Clear Channel's LED "Digital Outdoor Network" LED bulletin-size (14' x 48') billboards require dimensions of only 208 pixels high by 720 pixels wide. If this image were to be printed at 300 dots per inch (dpi), a typical print resolution, the entire image would be less than 1.7 square inches. 'Therefore, it is ideal to keep the message on these signs simple and clear because they do not currently allow resolutions similar to printed images. Dilllllling To maintain readability, the brightness of a sign must be adjusted to match ambient light conditions. If this is not done, the image will appear too bright and can even degrade the image quality through a phenomenon called "blooming," If the image blooms, the brightest areas ofthe image bleed over into darker parts and the image clarity is degraded. Dimming is typically controlled by a photocell, which measures the ambient light conditions and varies the light output of the sign based on preconfigured settings. As ambient light conditions darken, the photocell senses the decrease and lowers the light output of the sign, Some sign manufacturers do not incorporate photocells in their electronic signs. Electronic billboard dimming can also be controlled by scheduled dimming according to time of day or manual dimming. On-premise signs may use any of these methods, but most, if not all, off-premise standard size electronic billboards are auto dimmed by photocell. Some signs include user-defined dimming curve capability allowing total control over sign brightness and adjustability to accollllllodate local brightness ordinances. A;!7 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is specific to City of Minnetonka issues and may not be suffICient to address concerns in other communities** Appendix C Electronic Outdoor Advertising Device Visual Performance Def"mitions A38 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is specific to City of Minnetonka issues and may not be sufflCient to address concerns in other communities** Annendix C - Electronic Outdoor Advertisinl! Device Visual Performance Definitions Consnicuity Conspicuity is the property that related to the contrast between a sign and its background and its ability to stand out from its surroundings. This is a subjective property that depends on many factors ofhoth the environment and the viewer. Contrast Contrast is the property that defines the relationship between the brightness of the brightest color possible to the darkest color possible on a sign. In times when ambient conditions are very bright, such as a sunny day, the darkest color may still be very bright due to the sun's reflection off the sign. In these cases, the lighter colored areas of the billboard's image must be much brighter than the contrasting dark areas. Legibilitv The ability of the driver to read a sign is related to its legibility. Large, legible text allows the driver to reaa the billboard from varying distances and focus on the driving task. Conversely, with small tellJ the driver is more likely to focus on the sign for a longer period of time and possibly wait until the sign is very close. State departments of transportation use NEMA's TS-4 document for this criterion, This document specifies many characteristics related to legibility including character height, resolution and color. Glare Disability Glare The first form of glare is disability glare. This occurs when a driver is exposed to a light source so bright that it temporarily blinds the driver, impairing their ability to perform driving tasks. This temporary blindness is brief, but can be dangerous. Discomfort Glare Discomfort glare is when a light source is bright enough to distract or encourage the driver to look away from the light, but is not blinding. Discomfort glare is of particular concern in cases where a bright sign is located in the same line of sight as a traffic sign, signal or another vehicle, ~9 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communmes** Fre<lUencv of Change The frequency of change is determined by the interval of time between sign image changes. The rate of change can usually be adjusted by the owner and operator of the sign. Frequency of change is highly variable, with some on-premise signs changing faster than once per second. While no standard is generally accepted, local government agencies have used ordinances to limit the frequency to anywhere from 5 second!; to 24 hours. Interactive signs Interactive signs change their message based on the person viewing it, For example, the cannaker MINI has installed variable message signs that display a customized message to car owners who have special key dongles containing a radio frequency identification (RFID) chips when the dongle is in close proximity to the sign, Another example is a microphone system that identifies the radio stations passing drivers are listening to and displays a specific message for that station. .6AO I B. Wallace, "Driver Distraction by advertising: genuine risk or urban myth?" Proceedings oflbe Institution of Civil Engineers, Municipal Engineer 156, 2003. 2 J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Signage. Report No. FHWA-RD-8Q-051," Washington, D.C., 1980. , A.R. Lauer and J.G, Mcmonagle, "Do Road Signs Affect Accidents?" Eno Transportation Foundation, 1955. , D. Faustman, "A study of the relationship between advertising signs and traffic accidents on U,S, 40 hetween Vailejo and Davis." San Francisco: California Roadside Council, Report CRC No. 165, 1961. , S. Weiner. "Review of report," Washington, D.C,: Federal Highway Administration, Environmental Design and Control Division, August 1973. 6 J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Vatiable-Message Signage. Report No. FHWA-RO-80-051," Washington, D,C., 1980. 1 D. Crundall et aI., "Attraction and Distraction of Attention with Roadside Advertisements," Elsevier, 2006, 'D. Beijer and A. Smiley, "Observed Driver Glance Behavior at Roadside Advertising Signa," Transportation Research Record, 2005. , A. Smiley et aI., "Impact of Video Advertising on Driver Fixation Pallel7lS. Transportation Research Record, 2004. 10 G. Wachtel, The Veridian Group, "Video Signs in Sealtie - Final Report." 2001. II J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Signage, Report No. FHW A-RO-80-051," Washington, D.C., 1980. 12 C. L. Dudek et al" "Impacts of Using Dynamic Features to Display Messages on Changeable Message Signs," Operations Office of Travel Management: Federal Highway Administration, Washington, D,C., 2005. 13 "NIITSA Driver Distraction Forum: Summary and Proceedings," <http://www-nrd,nhtsa.dot.gov/pdf/ nrd-13/FinalInternetForumReport. pdf.>, accessed on February 14, 2007. ""Report of the Road Safety Gonnnillee on the Inquiry into Driver Distraction," Parliament of Victoria, Australia, Victoria, Anstralia, 2006, p. 11 0, IS A. W. Jnhnston and B.L. Cole, "Investigations of Distraction By Irrelevant Information," Australian Road Research Board,1976. 16 S,G. Klauer et aI., "Impact of Driver Inattention on Near-Crash/Crash Risk: An Analysis Using the.JOO-Car Naturalistic Driving Study Data," National Highway Traffic Safety Administration, 2006. 11 Driver Inattention Is A Major Factor In Serious Traffic Crashes," <http://www.nhtsa.dot.gov/people/ outreach/traftechITT243.htm>, accessed on February 14, 2007. " J. Wang, "Role of Driver Inattention in Crashes; New Statistics from the 1995 Crashworthiness Data System, 40th Annual Proceedings, Association for the Advancement of Automotive Medicine, Vancouver, British Columbia, 1996. 19 University of North Carolina Highway Safety Research Center, "The Roie of Driver Distraction in Traffic Crashes,''2oo1. '" K. Harder, "The Effectiveness and Safety of Traffic and Non-Traffic Related Messages Presented on Cbangeable Message Signs (CMS)", Minnesota Department of Trsnsportation, St. Paul, Minnesota, 2003, 21 "Decision of the Outdoor Advertising Board in the Matler of John Donnelly & Sons, Permitee, Telespot of New England, Inc., Intervenor, and Department of Public Works, Intervenor. with Respect to Permit Numbered 19260 as Amended," The Commonwealth of Massachnsetts Outdoor Advertising Division, 1976. 22 Wisconsin Department of Transportation (1994), Milwaukee County Stadium Variable Message Sign Study. Wisconsin, USA: Intemal Report, WiBconsin Department of Transportation, 23 T. Szymkowski, University of Wisconsin, Madison, Interviewed on February 20, 2007. 24 Federal ffighway Administration, "Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction," 200l. 25 G. Davis, FHW A Office of Safely Research and Development, Interviewed on February 23, 2007, 26 CTC & Associates LLC, "Electronic Billboards and Highway Safety, <''http://www.dot.wisconsin.gov/library/ research/docs/lsIs!tsrelectronicbillboards.pdf>, accessed on February 14,2007, A41 27 Federal Highway Administration, "Research Review of Potential Safety Effe<:ts of Ele<:tronic Billboards on Driver Attention and Distraction," 2001. za "Report of the Road Safety COIDnllttee on the lnquiry into Driver Distraction," Parliament of Victoria, Australia, Victoria, Australia, 2006, 29 D. Mandelker, A. Bertucci and W, Ewald "Street Graphics and the Law," APA Planning Advisory Service, 2004, pp. 51- 55, A42 Chapter 11 LAND USE REGULATIONS (ZONING)* Sec. 11.70. Performance Standards. Subd. 28. Placement, erection and maintenance of signs. A. Purpose, construction and definitions. 1. Purpose. The purpose of this section shall be to regulate the placement, erection and maintenance of signs in the city so as to promote the health, safety and general welfare of the residents of the city. 2. Construction. All terms and words used in this section shall be given their commonsense meaning considered in context, except as hereinafter specifically defined. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: (a) Business sign means any sign upon which there is any name or designation that has as its purpose business, professional or commercial identification and which is related directly to the use ofthe premises upon which the sign is located. (b) Freestanding ground sign means a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure. Any business freestanding ground sign which projects more than seven feet above ground level is considered a pylon sign. (c) Governmental sign means any sign placed, erected or maintained by a govemmental entity or agency for identification of or directions to a public facility or street or for traffic control or general public services. (d) Local street means a street within the city, which is not functionally classified within the City's Comprehensive Guide Plan as a principal arterial, "A" minor arterial, "B" minor arterial, major collector or minor collector. (e) Nonbusiness sign means any sign such as a personal nameplate or designation as for residences, churches, schools, hospitals, traffic or road signs, which do not contain advertising and are directly related to the premises upon which they are located. (f) Off-premises sign means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than on the property upon which the sign is located. (g) Product sign means any sign upon which there is any brand name, trademark, logo, distinctive symbol, designation or advertising which has as its purpose the promotion of any business, product, goods, activity or service. Product signs shall be subordinate to business signs. (h) Public right-of-way or public rights-of-way means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the city owned by or under control of the city, or dedicated or otherwise conveyed to the city for general public use. (i) Pylon sign means a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter, and are subject to all conditions, regulations and fees required for conditional uses. G) Sign means any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting. (k) Sign area means the gross area, exclusive of supportive frame, which contains copy or identifying features such as a logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than 12 straight lines. (I) Sign height means the distance from the lowermost ground point to which the sign is attached, to the highest point on the sign. (m) Trail means any paved surface within the public right-of-way, outside of the paved street surface, used by pedestrians and cyclists. B. Permitted uses. 1. Location of business signs. Business signs are permitted on property zoned business, industrial, agricultural, public facilities, RO or PO only in conjunction with an approved business, industrial or agricultural use. 2. Location of business signs in residential areas. Business signs are permitted in residentially zoned areas or areas of PO designation for residential use only under the following cases: (a) "For sale" or "for rent" signs, four feet by four feet or smaller, advertising the premises upon which such sign is located. (b) Real estate "for sale" signs, not over 100 square feet, of a land developer, which are located upon the premises offered for sale. (c) Area identification signs for major apartment complexes. C. General Sign Standards. 1. Construction and erection of signs, All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional signmakers. 2. Location on private property. No sign shall be erected, placed or located upon private property without the permission of the property owner or the lessee. 3. Location to property line. No business sign shall be located nearer than ten feet from any property or dividing line. 4. Location on public property. No sign, other than governmental signs, shall be placed upon any city owned public property, or railroad right-of-way. No sign, other than governmental signs, shall be affixed to any utility pole. S. Moving parts, lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display oftime and temperature, goverrunental signs. and dvnamic displav signs allowed under subdivision K below. 6. Obstruction of vision. No sign shall be erected or maintained in such place and manner as obstructs driver vision or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. 7. Painted signs on buildings, No signs are allowed which are painted directly upon the walls of a building. 8. Placement within public right-of-way. No sign other than governmental signs, shall be located within any city owned public right-of-way, except as follows: (a) Residential name and address signs may be located within the public right-of-way when such signs are attached to mail boxes, private lampposts or the like. (b) Non-business signs may be placed in the public right-of-way of a local street only if the sign is located more than ten feet from the back ofthe street curb where no trail exists or more than 25 feet from the back of the curb where a trail exists. 9. Source of lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. D. Off-premises signs. 1. No off-premises sign shall be permitted in any zone within the city except as permitted under this sub-paragraph. 2. The owner of an existing off-premises sign may construct a new off-premises sign pursuant to a conditional use permit issued in accordance with the provisions of chapter 11 of the City Code, and under the following criteria: (a) No sign will be permitted which increases the number of signs beyond the number of signs depicted in table A (which follows this section), as amended from time to time. (b) No sign shall be permitted which increases the total square footage of all signs beyond the number oftotal square feet depicted in table A (which follows this section), as amended from time to time. (c) No sign shall be permitted which increases the total number of sign surfaces beyond the total number of sign surfaces depicted in table A (which follows this section), as amended from time to time. (d) The maximum square footage of a sign shall be250 square feet; however, the city may allow a sign in excess of 250 square feet upon (i) the reduction of the total number of signs, square footage or surface areas depicted in table A (which follows this section), as amended from time to time, and (ii) amendment to said table A to reflect such reduction, and (iii) further, so long as the total square footage of all signs is not increased beyond the total of sign square footage depicted in said table A, at the time of application for a new sign. (e) No sign shall be located nearer to any other off-premises sign than 1,500 lineal feet on the same side of the street or 300 lineal feet on the opposite side of the street. (f) No sign shall be located on a platted lot which contains a business sign. (g) No sign shall be located within 300 feet of any freestanding ground sign or pylon sign. (h) No sign shall be located within 200 feet of any residentially zoned district. (i) No sign or any part thereof shall exceed 40 feet in height as measured from the land adjacent to the base ofthe sign. 3. Any new off-premise sign permitted under this paragraph, shall not be placed upon any property upon which a building or structure already exists. 4. Any new off-premise sign permitted under this paragraph, above, shall be located only on property zoned for business or industrial use. 5. Any off-premise sign now existing or permitted to be constructed shall be removed prior to the city approving the platting of the property upon which the sign is located or prior to the city issuing a building permit for the construction of a structure upon the property upon which the sign is located, whichever occurs earlier. 6. Any new off-premise sign pursuant to a conditional use permit issued hereunder shall be subject to the provisions governing conditional use permits as set forth elsewhere in this chapter. E. Building-mounted, window/door and temporary business signs, standards. 1. Building signs on single-tenant buildings and end units in multi-tenant buildings. On single-tenant buildings, no more than three total signs, distributed on up to two elevations, are allowed in the following combinations, not to exceed the allowed sign area based on zoning: (a) One elevation displaying a business name sign, and one elevation displaying a business name and a product name sign for a total ofthree signs; or (b) One elevation displaying a business name sign, and one elevation displaying either a business name or a product name sign for a total of two signs; or (c) One elevation displaying a business name sign or a product name sign for a total of one sign; or (d) Two signs, each displaying a separate business name if two tenants are occupying one unit space for a total of two signs on one elevation. 2. Building signs on interior units of multi-tenant buildings. On multi-tenant buildings, no more than two signs per tenant on one elevation are allowed in the following combinations, not to exceed the allowed sign area based on zoning: (a) One sign displaying a business name, and one sign displaying a product name for a total of two signs on one elevation; or (b) Two signs, each displaying a separate business name if two tenants are occupying one unit space for a total of two signs on one elevation; or (c) One sign displaying a business name for a total of one sign on one elevation; or (d) One sign displaying a product name for a total of one sign on one elevation. 3. Design similarity. All business signs mounted on a building shall be similar in design. 4. Multi-tenant building signage. Building facade signage on multi-tenant buildings shall be evenly distributed between all tenants. 5. Product name signs, Product name signs shall be subordinate to business name SIgnS. 6. Roof signs. No sign mounted upon a building is allowed to project above the highest outside wall or parapet wall. 7. Roof signs in BP and RD districts. In BP and RD districts, no roof signs shall be allowed. 8. Sign area. No signs or combination of signs mounted upon a building shall cover in excess of ten percent of the gross area of a side in the RD and BP zoning districts, and 20 percent of the gross area of a side in all other zoning districts, where business signs are allowed. A sign displayed on or in any window shall not occupy more than 25 percent of the area of the windows and/or doors on the side of the building on which the window sign is displayed. The area of a window/door sign shall be included in the calculation ofthe sign area allowed for building-mounted signs provided herein and shall not exceed the applicable sign area permitted, Window/door signs shall be allowed only on the building facade that has building-mounted signage. No window or door sign, in whole or in part, shall be displayed in the area of the window or door that is higher than four feet and less than six feet, as measured vertically, from the finished interior floor elevation. Any sign not exceeding a two square feet area that depicts Open/Closed or hours of operation shall be exempt from permit and permit fee requirements. The permit fee for a window or door sign shall be required only with the first window or door sign displayed by the applicant unless additional signs or signs in new locations are displayed. 9. Sign projection. No sign mounted upon a building is allowed to project more than 18 inches from the vertical surface of the building. 10. Temporary signsfor special business sales. Any commercial use may have up to three signs for the purpose of promoting a special sales event, provided the signs may not be displayed for no more than ten days within a 60-day period. The 60-day period shall commence on the first day of posting a temporary sign and conclude 60 days thereafter. The temporary signs shall not exceed an aggregate total area of 25 square feet. The sign permit application shall specify the days, not to exceed ten, on which the temporary sign will be displayed. 11. Canopy signage. Canopy signage is limited to the business name and/or logo, and shall not exceed 20 percent of the canopy facade, excluding corporate color raceway. No more than one canopy sign for each street frontage shall be permitted on a canopy for the business located upon the property; illumination is limited to business name and/or logo. F. Freestanding business signs, standards. I. Freestanding ground signs. Up to one allowed per building. Such signs shall be limited to seven feet total height, with four-foot maximum height of sign area. 2. Pylon signs. Up to one allowed per building. When used, a pylon sign is allowed in lieu of a freestanding sign. No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). The applicant shall submit diagrams, drawings, pictures and other information requested by the city prior to action by the council upon the application. No pylon sign shall exceed 125 square feet in area per side except pylon signs authorized under subparagraph C, below. In the RD and BP districts, no pylon signs shall be allowed. 3. Major complex, When an area identification is required, such as for a shopping center, major apartment complex, or major industrial building, up to one freestanding or pylon sign may be allowed for each major adjacent street. The council shall determine the maximum size after reviewing the applicable conditions including terrain, safety factors, etc. 4. Freeway locations. An on-premises pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the city. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional freestanding ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this section. A freeway shall be defined as a principal arterial highway as defmed in the comprehensive plan. 5. Multi-lot developments. In multi-lot developments, the design and placement of monument and directional signs shall be coordinated through an overall signage plan. G. Exemptions. Notwithstanding any other provisions of this section, the following signs are exempt from the permit or fee provisions ofthis section. No exempt sign shall exceed 16 square feet of area except where stated below: I. For sale, lease, or rent signs of real estate when located on the property advertised, and when under 16 square feet in total copy area. 2. Church, hospital, or school directional signs, less than six square feet in total copy area. 3. One on-property church sign for each church site. 4. Signs warning of hazardous conditions. 5. Simple information signs, such as "exit," "loading dock," etc. 6. Simple nameplate signs on or over the entrance to a place of business or used to identify the parking area of a place of business. Not to exceed three square feet in gross area. 7. Signs erected by a recognized unit of government having jurisdiction in the city, or a school district within the boundaries of the school district. 8. Political signs for a period of up to ten days after an election, provided such signs contain the name and address of the individual responsible for erecting and removing the sign. 9. Temporary signs for special civic events or garage or neighborhood sales, for a period not to exceed 20 days. H. Nonconforming signs. I. The protective inspections department shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the effective date of this section. Removal shall be in accordance with this subdivision. 2. Other signs existing on the effective date of this section and not conforming to its provisions, but which did conform to previous laws, shall be regarded as nonconforming signs which may be continued if properly repaired and maintained as provided in this section and if in conformance with other provisions of the City Code. If said signs are not continued with conformance of above, they shall be removed in accordance with this subdivision. I. Sign permits and fees. I. Sign permits, No signs, except those specified in this subdivision, above, shall be erected or maintained anywhere in the city without first obtaining a sign permit. 2. Application, permit andfees. A formal application together with accompanying documents prescribed by the city shall be submitted to the city to obtain a sign permit. Permit fees are as adopted by resolution of the city council and shall accompany the permit application. If any sign is placed, erected, or installed without first obtaining a sign permit, then the permit fee shall be the amount equal to two times the permit fee. 3. Review of applications. The community development department shall consider approval of all sign permit applications, except that applications for approval of permits for advertising signs, pylon signs and any sign requiring a variance shall be submitted to the council for final approval. Freestanding signs exceeding seven feet in height shall require a footing and foundation inspection by the protective inspections division and all building code requirements shall be met. 4. Return of the fees. In the event said application shall be denied, the city shall return the applicant's permit fee, less a reasonable amount determined by the council which shall be retained as an administrative cost. J. Removal. All signs which have not been removed within the designated time period may after due notice be removed by the city, and any expense incurred thereof may be charged to the sign owner or assessed against the property on which they are located. K. Dvnamic Displav Signs. I. Findin!!s. Studies show that there is a correlation between dvnamic displavs on signs and the distraction of highwav drivers, Distraction can lead to traffic accidents. Drivers can be distracted not onlv bv a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Drivers are also distracted by messages that do not tell the full stOry in one look. People have a natural desire to see the end of the stOry and will continue to look at the sign in order to wait for the end. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. Local spacing requirements could interfere with the equal opportunity to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subiected to a view that appears to have constant movement, This impact would obviously be compounded in a corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subiected to an unsafe degree of distraction and sensory overload. Therefore, a longer display time is appropriate. A constant message is typically needed on a sign so that the public can use it to identifY and find an intended destination. Changing messages detract from this way- finding purpose and could adversely affect driving conduct through last-second lane changes. stops, or turns, which could result in traffic accidents. Accordingly, dynamic displays generally should not be allowed to OCCUpy the entire copy and graphic area of a sign. In conclusion, the city finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential t11reats to public safety. 2. Dvnamic displav Sif!.n means any sign, except governmental signs, with dynamic display characteristics 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 itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign surface to change the image without having to physically or mechanically replace the sign surface or its components. This also includes 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 surface to present a series of images or displays. 3. Dynamic display signs are allowed subiect to the following conditions: (a) Dynamic display signs are subordinate to off-premises signs, monument and pylon signs, and business signs. Dynamic displays must not be the predominant feature ofthe sign surface. The remainder of the sign must not have the capability to have dynamic displays even if not used. Dynamic display signs are allowed only on monument and pylon signs for conditionally permitted uses in residential districts and for all uses in other districts, subiect to the requirements of this Section 11.70. Only one, contiguous dynamic display area is allowed on a sign surface; (b) A dynamic display may not change or move more often than once every 20 minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. Time, date, or temperature information is considered one dynamic display and may not be included as a component of any other dynamic display. A display of time, date, or temperature must remain for at least 20 minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three seconds; (c) The images and messages displayed must be static. and the transition from one static display to another must be instantaneous without any special effects; (d) 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; (e) Every line of COpy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. If there is insufficient room for copy and graphics of this size in the area allowed under clause (a) above, then no dynamic display is allowed; (f) Dynamic display signs 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 immediatelv stop the dynamic displav when notified bv the city that it is not complving with the standards ofthis ordinance; (g) Dvnamic display signs must complv with the brightness standards contained in subdivision L below; (h) Dvnamic display signs existing on (insert the effective date of this ordinance) must complv with the operational standards listed above. An existing dynamic displav that does not meet the structural requirements in clause (b) may continue as a non- conforming development subiect to section (insert ordinance section number). An existing dynamic displav that cannot meet the minimum size requirement in clause (e) must use the largest size possible for one line of copy to fit in the available space. (i) Exceptions. Recognizing that some dynamic displavs. such as those used in point of sale dispensers. interactive vending machines and A TMs. often need to change images more frequentlv than defined bv this ordinance in order to perform their intended function and that such image changes can occur in a manner in which they do not create distractions for drivers. dvnamic displavs ofless than 160 square inches mav be fullv animated. provided they do not flash or blink in a manner clearly visible from the roadway and provided they either meet or exceed the building setbacks for the zoning district in which they are located or are at least 30' from the public right ofwav. whichever is greater. 4. Incentives. Off-premises signs do not need to serve the same way-finding function as do on-premises signs; they are restricted in number bv the city; and they are in themselves distracting and their removal serves public safetv. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off- premises signs in certain settings, This removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused bv the incentives. These provisions are also based on the recognition that the incentives create an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout the community and expand the function of off-premises signs to serve a public purpose bv providing community and public service messages. A. Incentive Option A - Reduction of Sign Surfaces (a) A person may obtain a permit for an enhanced dynamic display sign on one surface of an existing off-premises sign if the following requirements are met: (i) The applicant agrees in writing to reduce its off-premises sign surfaces by one bv permanently removing. within 15 davs after issuance of the permit. one surface of an off-premises sign in the city that is owned or leased bv the applicant and is depicted in table A (which follows this section), which sign surface must satisfy the criteria of parts (ii) and (iii) onhis subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface. The applicant must agree that the city may remove the sign surface if the applicant does not timelv do so, and the application must identify the sign surface to be removed and be accompanied bv a cash deposit or letter of credit acceptable to the city attomey sufficient to pav the citv's costs for that removal. The applicant must also agree that it is removing the sign surface voluntarilv and that it has no right to compensation for the removed sign surface under any law. Replacement of an existing sign surface of an off-premises sign with an enhanced dynamic display sign does not constitute a removal of a sign surface, (ij) The city has not previouslv issued a dynamic displav sign pelmit based on the remoyal oHhe particular sign surface relied upon in this permit application. (iii) If the removed sign surface is one for which a state permit is required bv state law, the applicant must surrendered its pelmit to the state upon remoyal of the sign surface, The sign that is the subiect of the dynamic display sign permit cannot begin to operate until proof is provided to the city that the state permit has been surrendered. (b) IHhe applicant complies with the pennit requirements noted above. the city will issue an enhanced dynamic display sign permit for the designated off-premises sign. This permit will allow a dvnamic display to OCCUpy 100 percent oHhe potential COpy and graphic area and to change no more frequentlv than once every eight seconds. The designated sign must meet all other requirements of this ordinance, B. Incentiye Option B - Provision of Community and Public Service Messaging (a) A person may obtain a permit for an enhanced dvnamic display sign on one surface of an existing off-premises sign if the following requirements are met: (i) The enhanced dynamic display sign replaces an existing surface of an existing off-premises sign: (ii) The city has not previously issued a dvnamic display sign permit based on the replacement of the particular sign surface relied upon in this permit application. (iij) TIle applicant shall enter into an agreement with the city to provide to the city no less than 5 hours (2250 eight-second spots) per month per enhanced dynamic displav sign in the city for community and public service messages at such times as shall be detemlined bv the city. (b) If the applicant complies with the permit requirements noted above, the city will issue an enhanced dynamic display sign permit for the designated off-premises sign. This permit will allow a dynamic display to OCCUPy 100 percent of the potential COPy and graphic area and to change no more freQuentlv than once every eight seconds, The designated sign must meet all other requirements of this ordinance. 1. Brightness Standards. I. All signs must meet the following brightness standards in addition to those in subdivision (a) No sign mav be brighter than is necessary for clear and adequate visibility. (b) No sign may be 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. (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. 2, The person owning or controlling the sign must adiust the sign to meet the brightness standards in accordance with the city's instructions. The adiustment must be made immediately upon notice of non-compliance from the city. The person owning or controlling the sign may appeal the city's determination through the following appeal procedure: (a) After making the adiustment required by the city, the person owning or controlling the sign may appeal the city's determination by delivering a written appeal to the city clerk within 10 days after the city's non-compliance notice. The written appeal must include the name of a person wrrelated to the person and business making the appeal. who will serve on the appeal panel. (b) Within five business days after receiving the appeal. the city must name a person who is not an official or employee of the city to serve on the appeal panel. Within five business days after the city names its representative, the city's representative must contact the sign owner's representative, and the two of them must appoint a third member to the panel. who has no relationship to either party. (c) The appeal panel may develop its own JUles of procedure, but it must hold a hearing within five business days after the third member is appointed. The city and the sign oWner must be given the opportunity to present testimony, and the panel may hold the hearing, or a portion of it, at the sign location, The panel must issue its decision on what level of brightness is needed to meet the brightness standards within five business days after the hearing commences. The decision will be binding on both parties. 3. All signs installed after (insert the effective date of this ordinance) that will have illnmination by a means other than natural light must be eqnipped with a mechanism that automatically adiusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified bv the citv that it is not complying with the standards in this section. TABLE A TABLE INSET: Surfaces SF/ SF Ref Address (pID #) Location Surface Total # 2750 Sibley Mem. 1-494 between Hwy. 13 & 2 624 1,248 1 Hwy. Pilot Knob Rd. (103288501001) 2750 Sibley Mem. 1-494 between Hwy. 13 & 2 672 1,344 2 Hwy. Pilot Knob Rd. (103288501001) 2950 Hwy. 55 Hwy. 55, junction with 2 250 500 3 (100010001055) Hwy.149 3875 Sibley Mem. Hwy. 13, between Cedar 2 250 500 4 Hwy. Ave. & Rahn Rd. (100190001102) 4151 Sibley Mem. Hwy. 13, between Cedar 1 250 250 5 Hwy. Ave. & Diffley Rd. (100190001356) 3700 Cedar Ave. Hwy. 77, north ofHwy. 13 2 378 756 6 (100180001156) (on railroad) 2196 Cedar Ridge Hwy. 77, between Diffley 2 378 756 7 Court Rd. and Cliff Rd. (101682102001) 3801 Sibley Mem. Hwy. 77, north ofHwy. 13 2 378 756 8 Hwy. (107550001000) 1181 Trapp Rd. Soo Line right-of-way, 480 480 south ofI-494 and west of 1 9 (beyond NE Comer) Hwy. 55 {I} {20} {20} (102250005108) (added 9/5/99) 1255 Trapp Rd. 1-494, junction ofI-35E 2 378 756 10 (1022250014001) 2750 Eagandale Soo Line right-of-way, 720 Blvd. 2 360 11 (beyond NW Hwy. 55, west ofI-35E Comer) I I (102250014307) I I I I (Ord. No. 366, 2nd series, eff. 10-7-03; Ord. No. 384, 2nd series, S 1, eff. 10-28-04; Ord. No. 390, 2nd series, SS 1--4, eff. 7-16-05; Ord. No. 396, 2nd series, S 1, eff. 2-7-06; Ord. No. 398, 2nd series, S 1, eff. 2-7-06; Ord. No. 396R, 2nd series, S 1, eff. 8-6-06; Ord. No. 402, 2nd series, S 1, eff. 9-26-06; Ord. No. 407, 2nd series, S 1, eff. 12-4-06) State law references: Advertising devices, Minn. Stat. ch. 173. Sees. 11.71--11.98. Reserved. , "'I~...... . ::1:':. . . , . :. ,- ) ;;; .3 "" g } "- .. II ~ .. S :0 :il "" ... t:;t, 'I ~ ~ .. ,. .~ ,~ ~ ~ ~ ~ i: ~ .. '" $" :i. "" '" S ..... 'Q g I 1i. i o b- e Attachment 5 ;,.-'5 :::r -rP- rI/ L Z- FRAMEWORK FOR PUBLIC SERVICE MESSAGING AND COMMUNITY CENTER SIGN AGREEMENT AND SETTLEMENT OF ISSUES BY AND BETWEEN CITY OF MAPLEWOOD AND CLEAR CHANNEL OUTDOOR, INC. Agreement made this ~ day of October, 2007 by and between the City of Maplewood ("City") and Clear Channel Outdoor, Inc., a Delaware corporation ("Clear Channel"). WHEREAS, Clear Channel, Inc. acknowledges that it has erected, constructed or otherwise caused to be operational a "Dynamic Display" sign face (as hereinafter defmed) in the City of Maplewood; and: WHEREAS, City staff has indicated to Clear Channel that it believes Clear Channel's dynamic display sign face may be in conflict with a provision ofthe Maplewood Code; and: WHEREAS, several cities in Minnesota have studied the effect of Clear Channel's installation of so-called "Dynamic Displays" and: WHEREAS, the City of Maplewood has determined that engaging in litigation regarding the employment of these "Dynamic Displays" would be counterproductive based on the experience of other cities similarly situated and which have settled and determined the presence of such "Dynamic Disj:llay(s)" do not constitute a problem; and: WHEREAS, the City does hereby commit to amend that portion of the Maplewood Sign (zoning) Code to clarify that off-premise billboards are not prohibited from incorporating a technology that allows sign surfaces to change their sign faces in color or illumination with technology that may include illumination manipulated through digital input or other methods that allow the sign surface to present a series of images or displays that do not blink, flash or flutter but that do, by definition, change in color and/or illumination; signs that will fit the definition of "Dynamic Display(s)" as shall be further-defined; and: WHEREAS, the City is desirous of utilizing Clear Channel's "Dynamic Displays" to display community and public service announcements; and: WHEREAS, Clear Channel is agreeable to displaying community and public service announcements for the City and to further provide the City with a "Galaxy Pro 20mm LED Display" for the Maplewood Community Center at Clear Channel's sole expense and cost as a condition precedent to the City council's approval of a "Dynamic Display" ordinance in conformity with this agreement and respective of Clear Channel's previously activated "Dynamic Display" located at Highwood and 1-494. NOW, TIIEREFORE, the parties agree as follows: 1. Clear Channel agrees to reserve no less than five (5) hours (2250 eight-second spots) per month per "Dynamic Display" in Maplewood for community and public service announcements, provided that such announcements cannot be resold and cannot be used by or on behalf of any for-profit enterprise. The City shall be solely responsible for the design and development of all advertising copy, which shall be subject to Clear Channel's review and approval. The City must provide Clear Channel reasonable advance notice for any requested announcement. Advertising time not used by the City in any month will be forfeited, and will not carry into another calendar month. Clear Channel shall have discretion to deliver this service on one or any combination of its "Dynamic Displays." The City may delegate to another governmental entity a portion of the time for community and public service announcements, but such delegation shall not make the delegatee a beneficiary of this paragraph or otherwise entitle that entity to bring an action to enforce this paragraph. Such enforcement rights shall at all times remain with the City. Clear Channel's obligations pursuant to this paragraph are contingent upon Clear Channel receiving the permits described in paragraph 3 below. 2. Clear Channel agrees to purchase and install a Galaxy Pro 20mm LED Dynamic Display for the Maplewood Community Center ("Galaxy Pro Sign"). The design and specifications of the Galaxy Pro Sign are attached hereto as Exhibit A. Clear Channel agrees to purchase and install the Galaxy Pro Sign no later than ninety (90) days after Clear Channel's receipt of the permits described in paragraph 3 below. Upon installation of the Galaxy Pro Sign, Clear Channel shall transfer to the City all warranties obtained from the manufacturer. The City shall be solely responsible for all messaging associated with the Galaxy Pro Sign, as well as all maintenance and upkeep. Clear Channel makes no warranties or representations whatsoever to the City regarding the Galaxy Pro Sign and the City shall look only to the manufacturer for any claims or causes of action respecting the Galaxy Pro Sign. Clear Channel's obligations pursuant to this paragraph are contingent upon Clear Channel receiving the permits described in paragraph 3 below. 3. It is the City's intention to proceed with a revision to the Maplewood Code clarifying that Dynamic Displays are not prohibited. It is Clear Channel's intention to proceed with applications for sign permits for three (3) additional Dynamic Display sign faces, one being located on the structure at Highwood and 1-494 and two being located on the existing structure at Highway 36 and White Bear Avenue. Clear Channel's applications for these permits will require the City to grant conditional use permits to increase the 35 foot height limitation in the Code to 50 feet. The permit applications will also require that the Dynamic Display signs be permitted to change no more frequently than once every 8 seconds operating up to 24 hours a day every day of the year. 4. Clear Channel agrees to incorporate its "Dynamic Display(s)" in Maplewood into the State of Minnesota's "Amber Alert" network, and to operate such Dynamic Displays under the same "Amber Alert" terms generally in place between Clear Channel and the State of Minnesota's Department of Public Safety, which currently provides that Clear Channel will post timely messages within its digital display network in the applicable area. 2 5. Upon adoption of the amendment to the City's Sign Code clarifying that Dynamic Displays are not prohibited in the City of Maple wood, Clear Channel and the City agree to abide by the following standards and procedures regarding the brightness and illumination on Clear Channel's "Dynamic Displays" (Signs) in the City of Maple wood: a. No sign may be brighter than is necessary for clear and adequate visibility. b. No sign may be 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. c. No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. d. All "Dynamic Display(s)" operated by Clear Channel must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. The signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions and the sign owner or operator must immediately turn off the sign or lighting when notified by the City that it is not complying with the standards in this section. e. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. f. 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. 6. The City agrees it will not enforce against Clear Channel any future ordinance, rule, regulation or other law which limits the right of Clear Channel to operate its hereinbefore described "Dynamic Display(s)" consistent with the terms of this Agreement, except to the extent such future ordinance, rule, regulation or other law reasonably relates to safety. 7. The City further agrees that upon execution of this Agreement and performance on the part of Clear Channel, pursuant to paragraph 2 of this Agreement, the City will not pursue any action, criminal or civil, against Clear Channel for the operation of its sign face currently being operated at Highwood and 1-494 within the City of Maple wood. 3 8. This Agreement, including all rights and obligations provided for herein, shall be"- - . -[ FormattE binding upon the successors and assigns of the parties, whether by way of merger, consolidation, operation of law, assignment, purchase or other acquisition, including subsequent purchasers from Clear Channel. 2. _ _ _ _ _ _Th" _ City _ and _ Clear _ Channel _ reserve_all rights, _ rem.eslj,,~ _llIlg _ _ _ _ -[ Deleted: defenses regarding "Dynamic Display" signage should the City not grant to Clear Channel the ~ permits referenced in paragraph 3 above. In such event, the City shall be allowed to pursue any remedies available to it and Clear Channel shall be allowed any defenses available to it. This Agreement shall not be used to establish or defend any legal action related to the operation of Clear Channel's existing "Dynamic Display" should the City not revise its Ordinance as indicated above. City of Maplewood Clear Channel Outdoor, Inc., a Delaware corporation By: By: Its: Its: 4