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HomeMy WebLinkAbout12/04/2007 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, DECEMBER4, 2007 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Commissioner Robert Martin Commissioner Joseph Boeser Present Present Present Present Present Present at 7:05 p.m. Present Present Present Staff Present: Ken Roberts, Planner Shann Finwall, Planner Tom Ekstrand, Senior Planner III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda as submitted. Commissioner Hess seconded Ayes - all The motion passed. IV. APPROVAL OF MINUTES None V. PUBLIC HEARING a. Conditional Use Permit Revision - Schmelz Countryside Motors (1180-1200 Highway 36 East) Senior Planner Tom Ekstrand presented the staff report for this request for a revision to the conditional use permit for Schmelz Countryside Motors for a possible building expansion. Commissioner Trippler said he thought it was a violation of the conditions of their existing conditional use permit for transport trucks to park and unload vehicles on the service road and this condition should either be enforced or removed from the conditional use permit. Commissioner Boeser suggested the issue of transport parking on the service road could be addressed when reviewing the site plan for the expansion. Staff suggested a condition could be added to require the transport trucks to unload in the parking lot rather than on the service road or if the service road is posted for no parking the police could issue a ticket. Planning Commission Minutes of 12-04-07 -2- Commissioner Boeser noted there is not a condition in the existing conditional use permit that requires the unloading of vehicles to take place in the parking lot rather than the service road. Mr. Boeser suggested the city might add this condition to the permit at the time of expansion. Staff proposed this condition could be added to this request and enforced when the redevelopment plans are submitted. Commissioner Pearson said the conditional use permit conditions and requirements should be consistent and applied equally to all auto dealerships. The applicant, John Schmelz, explained that the city council at their review of the existing conditional use permit discussed truck parking on the service road, but did not require a condition to disallow parking on the road. Mr. Schmelz said the service road was recently widened and he believes the service road has a good safety record with few problems occurring there. Mr. Schmelz said the service road issue has not been and should not be a required condition for his existing conditional use permit. There were no comments from the public; the public hearing was closed. Commissioner Yarwood said he supports adding a condition to the conditional use permit revision to apply to a future expansion of the business that would require the unloading of transports on-site only. Commissioner Yarwood moved to adopt the resolution approving a conditional use permit revision for the expansion of an auto dealership with sales and service onto the property at 1200 Highway 36 (currently Ember's Restaurant property.) This revision incorporates the resolutions previously applied to the applicant's current site and the future use of the Ember's Restaurant property. This approval is based on the findings required by code and subject to the following conditions (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan approved by the city. The director of community 9ovclopmont citv planninq staff may approve minor changes. 2. The construction of the proposed addition to the Saab building must be started within one year of the city council approval or the approval for this addition shall end. The city council may extend this deadline for one year. 3. There shall be no automobile access, except emergency vehicles, to or from Duluth Street. 4. Automobiles shall only be parked on designated paved or engineered porous surfaces. 5. The applicant will enter into a formal easement agreement with St. Paul Regional Water Services and the City of Maplewood which satisfies both agencies' conditions for access to the public utility easements for water main (SPRWS) and sanitary storm sewer (City of Maplewood.) 6. The city council shall review this permit in one year. Conditions Applicable to the Countryside Volkswagen, but specific to the 1200 Highway 36 Expanded Site (formerly Ember's Restaurant) 7. No buildinq permit shall be issued for the auto dealership expansion onto 1200 Hiqhwav 36 until the applicant receives citv approval of all required plans. Planning Commission Minutes of 12-04-07 -3- 8. This conditional use permit shall be reviewed bv the citv council in one vear as required bv ordinance. The city council may Qrant extensions of this permit for the commencement of this proiect. Normally one one-year extension is permitted by ordinance. Since the applicant has no specific desiqn plans prepared at this time. the city council may qrant UP to three one-year extensions, for a total of four years of permit approval, to allow the applicant time to present plans for city approval. If the city has not issued a buildinq permit. or construction has not substantially started by that time, this permit shall expire. 9. The proiect plans shall be desiqned to be sensitive to nearby residential properties in reqards to aesthetics, liqhtinq and noise. 10. This permit allows the use of this site for a new or expanded automobile dealership with sales and motor-vehicle service with outdoor motor-vehicle sales. 11. The loadinq and unloadinq of vehicles shall take place on the applicant's property. Commissioner Desai seconded Ayes - Boeser, Desai, Fischer, Hess, Pearson, Trippler, Walton, Yarwood Nays - Martin The motion passed. Commissioner Martin said his nay vote reflects his objection to proposed Condition 11 without having an engineering evaluation or traffic study for the frontage road. b. Conditional Use Permit - Clear Channel Outdoor Billboard Height Increase (1790 Gervais Ct.) Senior Planner Tom Ekstrand presented the staff report. Commissioner Trippler suggested tabling this item for review until the dynamic sign code amendment is adopted by the city council and it is known how the code will be modified. Commissioner Hess agreed with Mr. Trippler's suggestion to table. Mr. Hess said the sign's size and location on the freeway entrance of Highway 36 is a safety issue. Commissioner Boeser said this item is scheduled for consideration by the city council at the same meeting the dynamic sign code amendment is being considered by the council. Mr. Boeser suggested the sign code amendment should be scheduled for consideration before the conditional use permit request. Commissioner Desai said he does not think this issue should be in front of the planning commission again. Mr. Desai explained the city council has already completed a legal agreement with Clear Channel on this sign issue and he feels the settlement agreement has made this issue a done deal. Commissioner Trippler referred to the city's legal agreement with Clear Channel and asked Clear Channel's representative to comment on the agreement pertaining to if the settlement agreement will be void if the sign code is not modified. Tom McCarver, representative of Clear Channel, explained the request for a conditional use permit to increase the height of the existing billboard sign an additional 15 feet. Mr. McCarver said the Federal Highway Transportation staff have reviewed this sign height increase proposal and have reported there are not any safety concerns. Planning Commission Minutes of 12-04-07 -4- There were no comments from the public; the public hearing was closed. Commissioner Trippler moved to table this request until after adoption of the Dynamic Display Sign Code by the city council. Commissioner Hess seconded Ayes - Desai, Fischer, Hess, Pearson, Trippler, Walton, Martin Nays - Boeser, Yarwood The motion passed. VI. NEW BUSINESS None VII. UNFINISHED BUSINESS a. Sign Code Amendment - Dynamic Display Sign Ordinance Senior Planner Ekstrand introduced this item for consideration. Planner Shann Finwall presented the staff report. Ms. Finwall reviewed additional information requested by the commission at their last meeting relating to St. Paul's sign code, Maplewood's existing billboards and their locations, and Clear Channel's lighting studies. Ms. Finwall updated the commission on the dynamic display sign ordinance review and action recommended by the community design review board at their meeting on November 27. Commissioner Trippler asked staff whether a particular time period was included in the code amendment language for the five hours of community messaging time. Ms. Finwall responded that there is no time period designated in the proposed language. Commissioner Trippler suggested that if the ordinance requires that the sign should not produce glare or other lighting nuisances, then the city should designate an authority to evaluate the sign and make that determination. Ms. Finwall responded that this language is what exists in the current lighting code. Commissioner Trippler said in talking with a member of the community design review board he learned the board favors adding language to the sign code amendment recommending dynamic signs be prohibited in wetlands, nature preserves, parks and historic areas. Matt Ledvina addressed the commission representing the community design review board. Mr. Ledvina explained past discussions of the board regarding the proposed sign code amendment and the board's recommendation. Mr. Ledvina mentioned the community design review board recommended increasing the minimum display change time from eight seconds to twelve seconds. He also explained that the board recommended deleting Incentive Option B from the code because the board believes it is not good public policy for government to be involved in activities that this government agency is regulating. Mr. Ledvina said the community design review board intends at the board's future review of the on-site sign code to add language prohibiting signage from wetlands and nature preserves. Planning Commission Minutes of 12-04-07 -5- Commissioner Boeser suggested in the interest of continuity, the minimum change time might be set at eight seconds so all of the signs are operating under the same standards. Commissioner Hess said he prefers twelve seconds for a more static sign. Commissioner Fischer said she is comfortable with the community design review board's recommendation. Commissioner Trippler suggested the sign code language be revised under number one of the brightness standards section to add that a city representative will arbitrate lighting standard disputes and also to add "not to exceed one hour" in place of "immediately" under two and three of the brightness standards section. Commissioner Yarwood moved approval of amendments and additions to the Maplewood Sign Code as follows: 1. Section 44-737(3): (Additions are underlined) "On-premise signs that have blinking, flashing or fluttering lights or that change in brightness or color. Signs that give public service information, such as time and temperature are exempt." 2. Section 44-735: (Additions are underlined) "On-premise siqn means anv siqn identifvinq or advertisinq a business, person, activitv, qoods, products, or services, located on the premises where the siqn is installed and maintained." 3. Adopt dynamic display sign code language modeled after the Eagan code amendment as follows (text added to the Eagan ordinance are underlined and text deleted are stricken; text changed by the community design review board at their November 27,2007, meeting is in bold): a. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by 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 Planning Commission Minutes of 12-04-07 -6- 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 subjected 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 subjected 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 off- premise signs but with significant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. b. Dynamic display sign means any sign desiQned for outdoor use that is capable of displavinq a video siqnal. includinq, but not limited to, cathode-rav tubes (CRTs), liqht-emittinq diode (LED) displavs, plasma displavs, liquid- crvstal displavs (LCDs), or other technoloqies used in commerciallv available televisions or computer monitors. except gevernmental E:igm:, with dynamic diE:play characteriE:ticE: that appear te have mevement er that aflflear te ehange, eausealey any methea ether than flhysieally remeving ana refllaeing the sign er its eemflenents, whether the aflflarent mevement er ehange is in the aisfllay, the sign strueture itself, er any ether eemflenent ef the sign. This ineluaes a aisfllay that ineerflerates a teehnelegy er methea allewing the sign surfaee te ehange the image witheut having te flhysieally er meehanieally refllaee the sign surfaee er its cemflenentE:. ThiE: alE:e includeE: any retating, revelving, meving, flaE:hing, blinking, er animated diE:fllay and any diE:fllay that incerflerateE: retating flanelE:, LED lightE: maniflulated threugh digital influt, "digital ink" er any ether methea er teehneleEjY that allews the siEjn surfaee te flresent a series ef imageE: er diE:fllaYE:. c. Dynamic display signs are allowed subject to the following conditions: (a) Dynamic display signs are allowed on suleerainate te off-premises signs..2DJy, menument and flYlen E:ignE:, and bUE:ineE:E: E:ignE:. Dynamic aisfllays must net lee the flreaeminant feature ef the siEjn surfaee. The remainder ef the E:ign mUE:t net have the caflability te have dynamic diE:fllaYE: even if net uE:ed. Dynamic diE:fllay E:ignE: are allewed enly en menument and flylen E:ignE: fer eenaitienally flermittea uses in resiaential aistriets ana fer all uses in ether diE:trictE:, E:ubject te the rel:luirementE: ef thiE: aectien 11.70. Only ene, centigueuE: dynamic diE:fllay area iE: allewed en a E:ign surfaee; Planning Commission Minutes of 12-04-07 (b) (c) (d) (e) (f) (g) (h) fit -7- A dynamic display siqn is permitted bv conditional use permit onlv.may net change er meve mere eften than ence every 20 minuteE:, exceflt ene fer which changeE: are neceE:E:ary te correct heur and minute, date, er temflerature infermatien. Time, date, er temflerature infermatien iE: cenE:idered ene dynamic diE:fllay and may net be included aE: a cemflenent ef any ether dynamic diE:fllay. A diE:fllay ef time, date, er temflerature mUE:t remain fer at leaE:t 20 minuteE: befere changing te a different diE:fllay, but the time, date, er temflerature infermatien itE:elf may change ne mere eften than ence every three E:ecendE:; The images and messages displayed must be static and each disolav must be maintained for a minimum of 12 seconds, and the transition from one static display to another must be instantaneous without any special effects; 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; 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 of 35 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 iE: inE:ufficient reem fer ceflY and graflhicE: ef thiE: E:ize in the area allewed under clauE:e (a) abeve, then ne dynamic diE:fllay iE: allewed; 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 immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance; Dynamic display signs must comply with the brightness standards contained in subdivision e. below; Dynamic display signs existing on (insert the effective date of this ordinance) must comply with the operational standards listed above. An exiE:ting dynamic diE:fllay that deeE: net meet the E:tructural rel:luirementE: in clauE:e (b) may centinue aE: a nencenferming develeflment E:ubject te E:ectien (inE:ert erdinance E:ectien number). An exiE:ting dynamic diE:fllay that Gannet meet the minimum E:ize rel:luirement in clauE:e (e) mUE:t UE:e the largeE:t E:ize fleE:E:ible fer ene line ef ceflY te fit in the available E:flace. ExcefltienE:. Recegnizing that E:eme dynamic diE:fllaYE:, E:uch aE: theE:e uE:ed in fleint ef E:ale diE:flenE:erE:, interactive vending machineE: and A TME:, eften need te change imageE: mere frel:luently than defined by thiE: erdinance in erder te flerferm their intended functien and that E:uch image changeE: can eccur in a manner in which they de net create Planning Commission Minutes of 12-04-07 -8- diE:tractienE: fer driverE:, dynamic diE:fllaYE: with a tetal area ef leE:E: than 1 eO E:l:luare incheE: at any fleint ef E:ale diE:flenE:er, interactive vending machineE: er A TM may be fully animated, flrevided they de net flaE:h er blink in a manner clearly viE:ible frem the readway and flrevided they Planning Commission Minutes of 12-04-07 -9- either meet er exceed the building E:etbackE: fer the zening diE:trict in which they are lecated er are at leaE:t JO' frem the flublic right ef way, whichever iE: greater. d. Incentives. Off-premises signs do not need to serve the same way-finding function as do on-premises signs; they are reE:tricted in number by the city; and they are in themE:elveE: distracting and their removal serves public safety. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off-premise 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 by 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 by providing community and public service messages. (1) Incentive Optien A Reduction of Sign Surfaces (a) A person or siqn operator may obtain a conditional use permit for an enhanced dynamic display sign on one surface of an existing off-premises sign if the following requirements are met: 1) The applicant agrees in writing to reduce its off-premise sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off-premises sign in the city that is owned or leased by the applicant and iE: deflicted in table A (which fellewE: thiE: E:ectien), which sign surface must satisfy the criteria of parts (2) and (3) of this 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 timely do so, and the application must identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily 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. 2) The city has not previously issued a dynamic display sign permit based on the removal of the particular sign surface relied upon in this permit application. 3) If the removed sign surface is one for which a state permit is required by state law, the applicant must surrendered its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until proof is Planning Commission Minutes of 12-04-07 -10- provided to the city that the state permit has been surrendered. (b) If the applicant meets cemfllieE: 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 frequently than once every 1l..eiWH-seconds. The designated sign must meet all other requirements of this ordinance. (2) Incentive Optien B Previsien ef Cemmunity and Public Service MessaEjinEj (a) A persen er sian el)erater may ebtain a cenditienaluse permit far an enhanced dynamic display sign en ene surface ef an existing eff premise sign if the fallewing rel:luirements are met: 1) The enhanced dynamic display sign replaces an existing surface ef an existing eff premise sign; 2) The city has net previeusly issued a dynamic display sign permit based en the replacement ef the particular siEjn surface relied upen in this permit applicatien. 3) The applicant shall enter inte an agreement with the city te previde te the city ne less than 5 heurs (2250 eight secend spets) per menth per enhanced dynamic display siEjn ~ in the city fer cemmunity and public ser'/ice messages at such times as shall be determined by the city. (b) If the applicant meets cemplies with the permit rel:luirements neted abeve, the city will issue an enhanced dynamic display sign permit far the designated eff premise sign. This permit will allew a dynamic display te eccupy 100 percent ef the petential cepy and graphic area ~ existina sian face and te change ne mere frel:luently than ence every eight secends. The designated sign must meet all ether rel:luirements ef this erdinance. e. Brightness Standards. (1) All signs must meet the following brightness standards. City staff shall be designated as the arbiters of whether a sign meets the brightness standards of city code: (a) No sign may be brighter than is necessary for clear and adequate visibility. Planning Commission Minutes of 12-04-07 -11- (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 adjust the sign to meet the brightness standards in accordance with the city's instructions. The adjustment must be made immediately within one hour upon notice of non-compliance from the city. The flerE:en ewning er controlling the E:ign may aflfleal the citY'E: determinatien threugh the fellewing aflfleal flrecedure: (a) After making the adjuE:tment rel:luired by the city, the flerE:en ewning er controlling the E:ign may aflfleal the city'E: determinatien by delivering a written aflfleal te the city clerk within 10 daYE: after the citY'E: nen cemflliance netice. The written aflfleal mUE:t include the name ef a flerE:en unrelated te the flerE:en and bUE:ineE:E: making the aflfleal, whe will E:erve en the aflfleal flanel. (b) Within five bUE:ineE:E: daYE: after receiving the aflfleal, the city mUE:t name a flerE:en whe iE: net an efficial er emflleyee ef the city te E:erve en the aflfleal flanel. Within five bUE:ineE:E: daYE: after the city nameE: itE: reflreE:entative, the city'E: reflreE:entative mUE:t contact the E:ign ewner'E: reflreE:entative, and the twe ef them mUE:t aflfleint a third member te the flanel, whe haE: ne relatienE:hifl te either flarty. (c) The aflfleal flanel may develefl itE: ewn ruleE: ef flrecedure, but it mUE:t held a hearing within five bUE:ineE:E: daYE: after the third member iE: aflfleinted. The city and the E:ign ewner mUE:t be given the eflflertunity te flreE:ent teE:timeny, and the flanel may held the hearing, er a flertien ef it, at the E:ign lecatien. The flanel mUE:t iE:E:ue itE: deciE:ien en what level ef brightneE:E: iE: needed te meet the brightneE:E: E:tandardE: within five bUE:ineE:E: daYE: after the hearing cemmenceE:. The deciE:ien will be binding en beth flartieE:. (3) All dvnamic displav signs installed after (insert the effective date of this ordinance) that will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately within one hour 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. (4) In addition to the briqhtness standards required above, dvnamic displav siqns must meet with the city's outdoor liqhtinq requirements (section 44-20(1)). Planning Commission Minutes of 12-04-07 -12- Commissioner Pearson seconded Ayes - Boeser, Desai, Fischer, Hess, Martin, Pearson, Walton, Yarwood Nay - Trippler The motion passed. Commissioner Trippler said he voted nay because he does not think the city should be getting into the business of providing television for drivers and that dynamic signs are the wrong thing. VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS a. November 26 Council meeting: Commissioner Boeser reported on this meeting. b. December 10 Council meeting: Commissioner Yarwood c. December 17 Council meeting: Commissioner Fischer d. January 14 Council meeting: Commissioner Martin X. STAFF PRESENTATIONS a. Reschedule 1-1-08 meeting to Wednesday, 1-2-08 b. Senior Housing Study - Parking Needs and Unit Sizes Staff presented information on this study and briefly discussed it with the commission. It was agreed by the commission to review the report and then further discuss this item at their next meeting. XI. ADJOURNMENT The meeting was adjourned at 10:15 p.m.