HomeMy WebLinkAbout11/10/2009
AGENDA
CITY OF MAPLEWOOD
COMMUNITY DESIGN REVIEW BOARD
Tuesday, November 10, 2009
6:00 P.M.
Council Chambers - Maplewood City Hall
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes:
a. October 13, 2009
5. Design Review:
a. T-Mobile Telecommunications Tower, 1961 County Rd C (Harmony Learning Center)
6. Unfinished Business:
a. Sign Ordinance Amendments
7. Visitor Presentations:
8. Board Presentations:
9. Staff Presentations:
10. Adjourn
DRAFT
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
TUESDAY, OCTOBER 13, 2009
I. CALL TO ORDER
Acting chair Shankar called the meeting to order at 6:00 p.m.
II. ROLL CALL
Boardmember Jason Lamers
Chairperson Matt Ledvina
Boardmember Michael Mireau
Boardmember Ananth Shankar
Vice-Chair Matt Wise
Present
Absent
Present
Present
Absent
Staff Present:
Michael Martin, Planner
Alan Kantrud. City Attornev
III. APPROVAL OF AGENDA
Boardmember Lamers moved to approve the agenda as presented.
Boardmember Mireau seconded
The motion passed.
Ayes - all
IV. APPROVAL OF MINUTES
a. August 11, 2009
Boardmember Mireau moved to approve the minutes of August 11, 2009 as presented.
Boardmember Lamers seconded
The motion passed.
Ayes - all
V. DESIGN REVIEW
a. In-Service Training: Commission Handbook Review
Planner Michael Martin introduced city attorney Alan Kantrud. Mr. Kantrud gave a
presentation explaining the commission handbook and received comments and questions
from the board. Mr. Kantrud invited the board to contact hirn or Planner Martin with any
further questions or comments that might occur.
VI. UNFINISHED BUSINESS
None
VII. VISITOR PRESENTATIONS
None
Community Design Review Board
Minutes 10-13-2009
2
VIII. BOARD PRESENTATIONS
None
IX. STAFF PRESENTATIONS
a. Update on Sign Code Amendment status
Planner Martin updated the board on the Sign Code Amendment, explaining that staff has
visited with several community business groups soliciting feedback. Planner Martin said
staff will be attending the St. Paul Area Chamber of Commerce business meeting this week
to provide comment on the sign code and solicit feedback.
b. Update of applications currently being reviewed by planning staff
Planner Martin updated the board on current applications, saying that Aldi's has withdrawn
its application for the White Bear Avenue site but they are interested in finding another site
in Maplewood.
Planner Martin explained that the application by T-Mobile for the communications tower at
the Harmony Learning Center has been revised and will be resubmitted.
Planner Martin said staff has had communications from businesses who are considering
applying for a comprehensive sign plan amendment, which will be forwarded to the board
for consideration if received.
X. ADJOURNMENT
Boardmember Lamers moved to adjourn the meeting at 6:16 p.m.
Boardmember Mireau seconded
Ayes - all
MEMORANDUM
TO:
FROM:
SUBJECT:
James Antonen, City Manager
Michael Martin, AICP, Planner
T-Mobile Tower- Conditional Use Permit and Design
Review Request
FMHC Corporation, as agent for T-Mobile Central LLC
1961 County Road C East
November 2, 2009
APPLICANT:
LOCATION:
DATE:
INTRODUCTION
Amy Dresch, of FMHC and representing T-Mobile, is proposing to erect a 75-foot-tall
wireless telecommunications tower for cellular telephone operations on land leased from
Independent School District No. 622 at the Harmony Learning Center located at 1961
County Road C East. The pole would be located where a 30-foot light pole currently
exists within the school's parking lot. The pole would have a flush mounted installation
instead of the standard triangular antenna installation which is commonly seen on
existing towers within Maplewood.
This tower would have the availability for collocation in the future. T-Mobile would lease
a 15- by 25-foot site from Independent School District No. 622. The applicant would
place ground equipment inside an 8-foot-tall cedar fence. The fence would include a 10-
foot-wide gate for access. The tower would be placed on the grassy area within the
parking lot at Harmony Learning Center. The applicant initially did not propose any
additional landscaping but after working with staff the plans now show 10 American
Arborvitae surrounding the ground equipment and fencing.
Requests
In order to proceed with the project the applicant is requesting the following city
approvals:
1. A conditional use permit (CUP) for a tower and related equipment at a school.
Section 44-1321 (b)(2)b of the city code requires a conditional use permit for
communications towers located at a school. Refer to the attached applicant's letter
of req uest.
2. The tower design and site plan.
BACKGROUND
September 14, 1987: The city council approved a land use plan change and a
conditional use permit to use the facility for non-profit, education-related and child-care
uses. The land use change was from RM (residential medium density) and RH
(residential high density) to S (school).
1992: Independent School District No. 622 demolished part of the old school; made
structural additions and expanded the parking lot.
DISCUSSION
May 19, 2009 Planning Commission Meeting
The planning commission tabled this application at its May 19, 2009 meeting requesting
that the applicant consider other tower-placement options on the Harmony Learning
Center property and also other parcels in this coverage area. After following the
direction of the planning commission, the applicant's proposal largely stayed the same.
The school district is not open to placing the tower at other locations within the Harmony
site. The school district only wants to see the tower placed where it is currently
proposed. The applicant has stated the current proposed location is preferable to the
school district because it would be accessible through the parking lot without the need to
build a driveway to a more remote location.
The applicant has submitted a letter stating how it evaluated other potential sites and
described why Harmony Learning Center is the preferred site. Code states a new tower
cannot be approved unless it is documented that another existing or planned tower could
be used within a half mile radius. Staff has confirmed that there is not another existing
or planned tower within the half-mile radius. Code also states commercial buildings
could be used for locating a proposed tower but if the applicant cannot secure a lease or
purchase space then a new location could be approved. The applicant has submitted
proposed coverage maps for the Hazelwood Professional Center, 2785 White Bear
Avenue and the Premier Bank building, 2866 White Bear Ave, but has stated the two
locations are not viable candidates. According to the applicant, their search for
alternative locations was unproductive.
Concerns over the safety of the proposed tower location were expressed at the May 19,
2009 planning commission meeting. The applicant has submitted a "Design and
Reliability of a Monopole Structure" study which is attached to this report. If approved,
the applicant would have to submit plans through the building permit process which
would be reviewed by the city's building, planning and engineering departments which
would ensure all codes were being met for telecommunication towers.
The applicant also submitted a study on the impact of telecommunication towers on
residential property values. The cover letter is attached to this report. The entire study
is more than 100 pages and could not be included with this report. However, a copy is
available at city hall for review and can also be e-mailed to anyone interested in
reviewing the entire document. Contact staff if interested.
Conditional Use Permit
Surrounding neighbors have expressed concern about the location of the proposed
tower at the Harmony Learning Center. Staff did echo those concerns to the applicant
and encouraged the applicant to consider alternative locations. Sec. 44-1321 lists
preferences for selecting sites to build a telecommunications tower. Sec. 44-1321 (b)(1)g
states that "parking lots may be used to locate towers where the structure replicates,
incorporates or substantially blends with the overall lighting standards and fixtures of the
parking lot." Sec. 44-1321(b)(2)b states that schools are one of the primary land use
2
areas for towers requiring a conditional use permit. The applicant stated the proposed
location for the tower within the Harmony Leaming Center parking lot 'was chosen
because of its proximity to parking in order to service the tower and because it will be
located where a light pole currently exists.
Staff had encouraged the applicant to consider locating on the water tower located at
Cope Avenue and Castle Place, south of Highway 36. The Saint Paul Water Authority,
who owns and operates the water tower, said the highest position available to mount
additional telecommunications equipment is 90.1 feet. The applicant stated it is always
T-Mobile's first option to collocate because of the efficiencies achieved. However, the
applicant feels that the coverage achieved at the height available at the water tower is
not sufficient and needs to locate at Harmony Learning Center. Coverage maps and a
letter from the applicant's engineer have been attached to this report and detail the
coverage achieved at the water tower, the Harmony Learning Center and two local
commercial building locations.
Sec. 44-1331 (a) requires new telecommunications equipment be collocated on existing
structures unless it can be documented to the satisfaction of the city council that the
equipment planned for the proposed tower cannot be accommodated on an existing or
approved tower or commercial building within one-half mile radius. The water tower on
Cope Avenue is approximately three-quarters of a mile away from the Harmony Leaning
Center site, thus the city cannot require the applicant to collocate on the water tower.
Sec 44-1328(3)1 states towers should not be located between a principle structure and a
public street. The proposed tower's location within the parking lot, with access from
County Road C East, would satisfy this requirement.
City code requires a new tower be set back from the nearest residential lot line by a
distance of at least the height of the proposed tower plus 25 feet. So for this application
the proposed tower would need to be setback at least 100 feet from the nearest
residential lot line. The proposed tower is at least 170 feet away from the nearest
residential lot line satisfying this requirement.
The Federal Communications Commission (FCC) licenses all telecommunications
systems. This licensing requires that the proposed or new telecommunications
equipment not interfere with existing communications or electronics equipment. If there
is interference, then the FCC requires the telecommunications company to adjust or shut
down the new equipment to correct the situation. Maplewood must be careful to not limit
or prohibit a proposed tower because of electronic interference. That is up to the FCC to
monitor and regulate. The city may only base their decision on land use and on health,
safety and welfare concerns.
Design and Site Issues
Sec. 44-1327(13) requires the community design review board to make
recommendations on the plans for towers, utility, equipment or accessory buildings, site
plans and proposed screening and landscaping. The tower meets the setback
requirements specified in the code. As stated above, staff finds that the proposed tower
location meets city code requirements. The applicant intends to replace a 30-foot light
pole with a 75-foot wireless telecommunications tower. Lights servicing the parking light
will also be included on the light pole at the 28-foot level of the tower. Staff would
recommend requiring the new lights meet all current lighting ordinance requirements.
3
The telecommunications tower would have a flush mounted installation instead of the
projecting triangular antenna installation. Staff finds the flush pole an improvement over
the standard tower design seen in Maplewood and throughout the Twin Cities metro
area.
A chain link fence does exist between the Harmony Learning Center site and the
residential home to the east. An existing tree is located directly to the east of the
proposed tower and would not be impacted by this proposal. However, the existing
conditions do not amount to sufficient screening. Sec. 44-1328(3)f requires the
applicants to landscape the base of the tower and any accessory structures. After
working with staff the applicant has submitted plans to plant 10 American Arborvitaes
surrounding the ground equipment and fencing
The applicant has submitted two renderings for the proposed screening of the ground
equipment and the base of the tower. Both drawings show the 10 American Arborvitaes.
One drawing shows the ground equipment being housed in a small building that would
match the exterior of the existing school building and the base of the tower being
screened by an 8-foot-tall cedar fence. The other drawing shows both the equipment
and base of the tower being screened by an 8-foot-tall fence. The applicant is seeking
feedback for which drawing is preferable. Staff finds both potential screening plans
acceptable but recommends having both the ground equipment and the base of the
tower screened by an 8-foot-tall cedar fence.
Sec. 44-1328(3)g requires that towers be light blue, gray or another color shown to
reduce visibility. This proposed tower would need to meet this requirement.
Other Comments
Buildinq Official
. If there is a prefabricated building it is required to be IBC listed. The information
provided by the applicant does not include the IBClisting. This is a Minnesota State
Building Code requirement and the city will not issue a building permit for the new
structure without the IBC listing.
. The city requires a building permit for the installation of the telecommunications
monopole tower.
. The 75' telecommunications tower must comply with all the requirements of the 2006
International Building Code.
. A Minnesota registered structural engineer is required to review and sign off on the
plans submitted.
. Special inspection is required for concrete, rebar, bolting and welding.
Enqineerinq Department. Fire Marshall and Police
No comment.
4
SUMMARY
The applicant has stated that the school district is not willing to have the tower placed
elsewhere on their property. The applicant, therefore, would like to stick with their
original proposal and are requesting action. Staff finds the additional landscaping and
modifications of the tower design as good faith efforts at mitigating the impact of the
tower as much as possible.
RECOMMENDATIONS
A. Adopt the resolution approving a conditional use permit for the proposed 75-foot-
tall wireless telecommunications tower and ground equipment. Approval is
based on the findings required by ordinance and subject to the following
conditions:
1. All construction shall follow the site plan approved by the city. The
community development staff may approve minor changes.
2. The proposed construction must be substantially started within one year of
council approval or the permit shall become null and void. The council may
extend this deadline for one year.
3. The city council shall review this permit in one year.
4. This conditional use permit is conditioned upon T-Mobile allowing the
collocation of other provider's telecommunications equipment on the
proposed tower. T-Mobile shall submit a letter to staff allowing collocation
before a building permit can be issued.
B. Approval of the site and design plans stamped October 14, 2009, for a 75-foot-
tall telecommunications monopole and ground equipment within the parking lot of
Harmony Learning Center at 1961 County Road C East. Recommendation is
based on the findings required by code and subject to the applicant doing the
following:
1. Repeating the review in two years if the city has not issued permits for this
project.
2. All work shall follow the approved plans. The community development staff
may approve minor changes.
3. The flush mount design for the telecommunications tower shall be utilized.
4. The lighting fixtures installed on the tower shall comply with city ordinances.
5. An 8-foot-tall cedar fence shall screen both the ground equipment and the
base of the tower.
6. The applicant shall provide cash escrow in the amount of 150 percent of the
cost of the landscaping before a building permit will be issued.
5
CITIZEN COMMENTS
Staff surveyed the 32 property owners within 500 feet of Harmony Learning Center for
their opinions about this proposal. Of the nine replies, one had no comment, four were
in favor and four objected.
In Favor
1. As a T-Mobile customer, we look forward to better coverage in our home. (Flor,
2032 17'h Avenue East)
2. I am all for this. As a T-Mobile customer it would improve signal in my area which is
weak. (Grieman, 2621 Ariel Street North)
3. No problem with me. (Trepanier, 439 Birchwood Courts)
4. Since the family has T-Mobile phone service and since we have been experiencing
very poor service from our home, we support the installation 100%. (AI-Ghalith,
1895 County Road C East)
Opposed
1. Two email's attached to this report. (Olson, 2005 County Road C East)
2. Email attached to this report. (Olson, 2045 17'h Avenue East)
3. Email attached to this report. (Olson, 2027 17'h Avenue East)
4. This report seems one-sided. What are the negative effects of a tele-monopole?
High EMF's are linked with many health effects. Nausea, skin irritations,
disillusionment and others. What will be T-Mobile's responsibility to this effect?
(Zellmer, 1896 Kohlman Avenue)
No Comment
1. No comment. (Vaughn, 2725 White Bear Avenue North)
6
REFERENCE INFORMATION
Site Description
Existing Use: School
Surrounding Land Uses
North:
East:
South:
West:
Kohlman Creek County Open Space
Single Family Home
Single Family Homes, vacant lots and commercial buildings
White Bear Avenue, commercial buildings and a church
PLANNING
Land Use:
Zoning:
Planned Unit Development (PUD)
Planned Unit Development (PUD)
Ordinance Requirements
Section 44-1321(b)(2) requires a CUP for a communications tower at a school.
Section 44-1327(13) requires the community design review board (CDRB) to make
recommendations on the plans for towers, utility, equipment or accessory buildings, site
plans and proposed screening and landscaping.
7
Findings for CUP approval
Section 44-1097(a) states that the city council must base approval of a CUP on nine
standards for approval. Refer to the findings in the attached resolution.
Section 44-1326(a) states that the city council shall consider the following when
reviewing a CUP for a monopole:
1. The standards in the city code.
2. The recommendations of the planning commission and community design and
review board.
3. Effect of the proposed use upon the health, safety, convenience and general welfare
of residents of the surrounding areas.
4. The effect on property values.
5. The effect on the proposed use in the comprehensive plan.
Application Date
The city received the complete application for a wireless telecommunications tower on
April 23, 2009. The initial 60-day review deadline was June 22, 2009. After the planning
commission tabled this application at its May 19, 2009 meeting, T-Mobile requested
three additional 60-review periods. The current review deadline is December 19, 2009.
The city has yet to extend the review an additional 60 days, as stated in Minnesota State
Statute 15.99 and can do so if needed to complete its review.
PI SEC2S11961 Co Rd CIMonopole CUPICDRB_11 0209
Attachm ents:
1. Location Map
2. Zoning Map
3. Land Use Map
4. Applicant's original letter of request,
5. Applicant's Engineer's letter, dated March 18, 2009
6. Proposed Coverage Maps
7. Site Pian, dated October 14, 2009
8. Applicant's letter, dated October 14, 2009
9. Design and Reliability of a Monopole Structure study
10. Valuation study
11. Rendering of existing conditions
12. Rendering of proposed fencing
13 Rendering of proposed fencing and building
14. Emaii from Linda Olson, dated May 4, 2009
15. Email from Linda Olson, dated May 5,2009
16. Email from Glen Olson, dated May 4, 2009
17. Email from Dale Olson, dated May 4,2009
18. CUP Resolution
19. Applicant's plans (separate attachment)
8
Attachment 1
T-Mobile - Request for Conditional Use Permit and CDRB Review
t
Figure One - Location Map
City of Maplewood
April 8, 2009
NORTH
Attachment 2
T-Mobile - Request for Conditional Use Permit and CDRB Review
,
f
\
2721
t
Figure Two - Zoning Map
City of Maplewood
April 8, 2009
NORTH
Attachment 3
T-Mobile - Request for Conditional Use Permit and CORB Review
,
-:1
t
Figure Three - Land Use Map
City of Maplewood
April 8, 2009
NORTH
Attachment 4
CONDITIONAL USE PERMIT APPLICATION
STATEMENT OF PROPOSED USE AND PROJECT DESCRIPTION
NEED FOR INCREASED COVERAGE IN MAPLEWOOD
T-Mobile USA is the United States operating entity ofT-Mobile International AG, the
mobile communications subsidiary of Deutsche Telekom AG (NYSE: DT). Deutsche Telekom is
one of the largest telecommunications companies in the world, with nearly 120 million customers
worldwide. T-Mobile USA's headquarters are located in Bellevue, Washington with a Minnesota
office located at 8000 W 78th St in Minneapolis, Minnesota.
In 2006, the usage of cell phones met and then exceeded landline phone usage and is now
the primary way Americans communicate by phone. One out of every eight American homes
(13.6%) had only wireless telephones during the first hatf of 2007; that number jumped to nearly
one out of every six (15.8) during the second half of 2007. To keep pace with the dramatic
increase in consumer demand on wireless networks in more residential areas, T -Mobile USA, Inc.
("T-Mobile") is making a committed effort to remedy and fill in areas experiencing spotty
coverage, poor call clarity and dropped calls.
The expanding wireless infrastructure is vital in providing quick assistance when
emergency situations arise. T-Mobile typically handles more than 60,000 emergency 911 calls
everyday across the country and the caller location system called Enhanced 911 ("E911") is
providing better connection between the emergency responders and distressed wireless callers.
E911 ensures that each emergency wireless call is routed to the most appropriate dispatch call
center while also providing a call-back number to the dispatcher as well as information about the
approximate location of the distressed caller. To fully support the E911 system capabilities and
to enhance public safety in the residential neighborhoods and shopping area surrounding
Harmony Learning Center, T-Mobile's engineers have selected Harmony Learning Center as the
best location option within T-Mobile's desired coverage radius.
T-Mobile and its affiliates have acquired licenses from the Federal Communications
Commission ("FCC") to provide personal wireless service throughout the United States. These
licenses include the City of Maple wood and the remainder of the Minneapolis-St. Paul
metropolitan area, as part of an integrated nationwide network of coverage.
LOCATION AND DESCRIPTION OF PROPERTY
The subject property of the Conditional Use Permit application is the location of the
Harmony Learning Center parking lot, the address of the site is 1961 County Road C,
Maplewood, Minnesota 55109. The legal description ofthe subject parcel is included with this
application as Exhibit C: Harmony Learning Center Legal Description. The Harmony Learning
Center property is used as an adult education center and is designated as an institutional/school
use in the Land Use map. The property is owned by tndependent School District No. 622 and is
located at the intersection of County Road C and White Bear Avenue.
Hannony Learning Center
1961 County Road C
Maplewood, MN 55109
1
Attachment 4
PROPOSED TOWER
T-Mobile Central LLC is proposing to erect a seventy-five (75) foot wireless
communications tower to enhance T-Mobile's digital network within the nearby residential
neighborhoods and also better in-car coverage along White Bear A venue and County Road C.
The proposed tower will replace the existing light pole in the parking lot of Harmony Learning
Center. T-Mobile's antennas are to be mounted above the light fixture with a centerline of
seventy two feet and six inches (72' - 6"). The monopole is designed to structurally support the
collocation of an additional carrier's antennas, and also support the mounting of parking lot light
fixtures to illuminate the parking lot. Additionally, a four (4) foot tall lightning rod will be
attached at the top of the monopole.
The monopole will be designed in accordance with the Electronic Industries Association
Standard EIA-222-F, "Structural Standard for Steel Antenna Towers and Antenna Supporting
Structures." This standard is modeled after the ANSI A58.l standard, which is now known as
ASCE-7. A monopote is theoretically designed to collapse upon itself in the event of an unlikely
tower failure.
T -MOBILE'S ACCESSORY EQUIPMENT
T-Mobile's accessory equipment will be located at the base of the monopole on the grass
berm. T-Mobile is proposing, for security reasons, to enclose the accessory ground equipment
within an eight foot (8') tall chain link fence and to line three strands of barbed wire along the top
of the fence. Since there is no existing vegetation on the land berm where the equipment will be
located, T-Mobile is not proposing to add landscaping to the site.
TYPICAL PROCESS FOR SITE LOCATION
When T -Mobile becomes aware of a need to increase coverage in a specific area, Radio
Frequency (RF) engineers generate propagation studies to determine the location needs specific to
the area such as the required height and desired latitude and longitude. In determining site
requirements, T-Mobile's RF engineers consider the area topography, the location of existing
antenna towers, surrounding obstructions and coverage and capacity needs. RF engineers then
identify a Search Ring which is a geographic area which potential sites may be located to
effectuate the maximum amount of coverage to the desired area.
Once the Search Ring is identified, T-Mobile employs a site acquisition specialist to
locate the possibte sites within the Search Ring. The site acquisition specialist first looks for
existing towers within the search ring where T -Mobile can collocate its antennas. Collocation on
an existing tower is preferred because it cuts the cost of new construction and minimizes the
number of towers in a local zoning jurisdiction. tf no existing towers are available for collocation
within the Search Ring, the site acquisition specialist then looks for the best option for tocating a
new tower that will satisfy the local zoning requirements and that can be easily camouflaged in
the surrounding area. In planning for the construction of the new tower, T-Mobile's construction
architects and engineers, have designed a tower that will allow for future collocation of an
additional wireless carrier's antennas.
Harmony Learning Center
1961 County Road C
Maplewood, MN 55109
2
Attachment 4
SELECTION CRITERIA FOR HARMONY LEARNING CENTER SITE
After generating a propagation study, T-Mobile's RF engineers identified the need for in-
building coverage to the neighboring residentiat and commercial areas and also better in-car
coverage along County Road C and White Bear A venue. A map of the desired coverage area for
this Maplewood Site can be viewed at Exhibit E: Letter from T-Mobile's RF Engineer. There are
not any existing towers available for collocation within one-half mile of the Harmony Learning
Center. Harmony Learning Center was selected for its tocation near the center of the issued
desired coverage area and also to meet the zoning regulations of the City ofMaptewood.
T-Mobile and the site acquisition specialist met with representatives from the School
District to come up with a tower designed to meet the zoning requirements and T-Mobile's needs,
but also a structure that would minimally impact the use of Harmony Learning Center. The
proposed monopole and ground equipment have been designed to blend in with the parking lot
light fixtures. The Harmony Learning Center location is a good site for the future collocation of
an additional carrier, thereby reducing the need for a tower in the future while also meeting T-
Mobile's needs to provide better service to residents and visitors to the community.
TYPICAL ACTIVITY AT A T-MOBILE SITE LOCATION
The proposed antenna and equipment will not be staffed on a daily basis. Upon
completion of construction, the site will require only infrequent site visits (approximatety one to
four times a month). Access to the property from COlmty Road will be over the existing parking
lot via a fifteen (15) foot wide access easement. The site and operations will be self-monitored by
the network operations center with a remote connection that will alert personnel to equipment
malfunction or a breach of security.
BUILDING AND CONSTRUCTION STANDARDS
The proposed facilities will be designed and constructed to meet applicable governmental
and industry safety standards. Specifically, T-Mobile will comply with all FCC and FAA rules
regarding construction requirements, technical standards, interference protection, power and
height limitations, and radio frequency standards. Any and all RF emissions are subject to the
exclusive jurisdiction of the FCC which sets and enforces very conservative, science-based RF
emission guidelines to protect public health. T -Mobile operates all its wireless facilities well
below FCC requirements.
CONCLUSION
T-Mobile looks forward to working with the City of Maplewood to bring the benefits of
seamless wireless coverage and enhanced E911 capabilities to its residential neighborhoods. The
addition of this site will ensure uninterrupted superior wireless service to the residential
neighborhoods around Harmony Learning Center and therefore provide greater competition in the
marketplace.
Harmony Learning Center
1961 County Road C
Maplewood, MN 55109
3
Attachment 5
Memorandum
To: Kelly Swenseth Real Estate and Zoning
From: Thierry Colson, Senior RF Engineer, T-Mobile USA
Date: 3/18/2009
Re: Harmony Learning Center, Maplewood, MN (A1N0609C)
I am the Senior Engineer responsible for the design and location of this proposed site.l have been
doing wireless network design for 13 years, and have planned and bnilt hundreds of sites. 1t is my
intention to describe the goals and objectives of this particular location and to examine the other
possible locations we've considered in this area.
I have attached a map ofT -Mobile's current site locations in the Maplewood and surrounding area.
Also indicated on this map is the proposed site at the Harmony Learning Center (AIN0609C).
OUf primary objective with this site is to provide new in-building and in-car coverage in the City of
Maplewood. It's important that this new coverage will link and complement the existing coverage.
It's also important that we minimize the potential overlap in areas where the existing coverage is
already an acceptable quality. Our target area is roughly bounded by Hazelwood Street on the West,
Beam A venue on the North, McKnight road on the East, and Hwy 36 on the South. Currently in this
area there is very poor, or none in-building coverage.
I have attached a map that is a computer generated depiction of our current coverage in our target
area. The color scheme represents the general strength of the signals generated by our network. The
green areas are the strongest, and represent a signal strong enough to penetrate most residential
buildings. The yellow is typically strong enough to provide in-car service. The last signal level
displayed is the grey, and indicates areas where the signal is strong enough for outdoor coverage.
I have also attached a map using the same color scheme that depicts the coverage of our proposed site
on the Harmony Learning Center Property. Comparing these two maps and the improvement in both
the amount of our coverage and the strength of that coverage is very apparent.
For reference, I've also attached a map depicting the coverage as it would be if we were to abandon
the Harmony Learning Center Property site, and collocate on the proposed Water Tower, located
south ofHwy 36 on Cope Avenue E. This plan to locate on the Water Tower has two drawbacks.
First, this location is overlapping the existing coverage from our existing sites to the east (AINO 11 0
and Al N0057). Secondly, it does not provide as much new coverage in the Northeastern portion of
our target area as our proposed site does.
The frequencies used by our equipment will be restricted to the bands as follows:
Trausmit: PCS B block (1950 to 1964), PCS C4 Block (1980 to 1985), AWS R3-E (2140 to 2145)
Receive: PCS B block (1870 to 1885), PCS C4 Block (1900 to 1905), A WS R3-E (1740 to 1745)
May 13,2009
These bands apportioned to T-Mobile by the FCC are well isolated from other bands used by public
safety communication systems. There have been no incidences of interference with public safety
systems on our existing sites, or any interference with consumer radio, television, or similar services.
The license from the FCC states that T-Mobile cannot transmit outside of the above noted assigned
frequency blocks. One of the penalties listed is loss of our license. We take interference very
seriously, and in the rare event that any interference occurred, we would work to correct it as quickly
as possible.
2
v:; <fI
~ (/) Q)
" w -
s .-
l- (/)
{J -
ctS (/) "0
~ ;::::: Q)
0 0::: <fI
en <( 0
1ti a.
z 0
"0 0 ll..
Q) Q.
<fI e e
0
a.
0
ll..
a.
Q)
0)
en
ll..
Q)
>
0
U
I-
~
Cl
Z
W
C>
w 0)
..J c
W '-
v 0
C> , 0
<( ::l ro v
(Q 0 04-'
0::: ::l
W Z Z 0
>
0 [J
U
<V
0>
ca
to-
<V
>
o
o
"'0
<V
(/)
o
C-
O
to-
o.
m
o
<.0
Z
....
CI>
-
s::
CI>
U
-
(tl
s::
0
.-
(/)
(/)
CI>
-
0
....
Q.
"
0
0
~
CI>
N
(tl
:I:
E
0
0 ....
-
z CI>
w tJ)
C> (tl
....
w CI>
..J 0) >
w s:: 0
"0 ()
C> '-- "
<( :J (tl CI>
0:: CO U (/)
W Z Z 0
> 0.
0 0
....
U Q.
o
z
w
C>
W
..J 0>
W C
C> :0 '-
~~8
~zz
8.[2]
....
C1)
.-
E
C1)
....
a..
E
o
....
'+-
C1)
0)
(tl
....
C1)
>
o
(,,)
'0
C1)
I/)
o
a.
o
....
a..
-J
~
-----------------
<1
,"'IO'ROPe<r1'U",
--~"':....~"';I1S''''
----,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
:~
:!
I;
ig
I
I
I
I
I
--- I
-----1-
I
I
I
I
L_____
---
-----
-----
---
----
-----
-----
I i I i
;'"
II
ia
"
r;.
L!U
-----~~~~~~-----
'.
~
~
---
'.
^"
I I
: I-'-~
1 .'
,
;' i
bl
~.. t
" '
"I
,
L.
v-:~.
,
,
,
!
;'
C',
~s
I,
"
'J
''"
u
'0
1<;:
'0
I",
I
'i::
'z
'0
'0
:u
I
:~~
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~I
Ii
ii
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
--~.:"'.'::~-""""'" I
3nNJ/iV ------ . I
IdVJ8 J1IH;y, -----__________ :
----...J
11~
.;;,~
....'
,
," ~'
,
f1~
!!
.,
I'
~
,
,
g
,
,
~
"o--__"..,,~-.lO~~
I i..;. ill',i',i,i',i,
~.... " .. " " . . . =..'"
illllllllllllllllllllllll'lllWlLllJ-",
Iii I.",
-
,-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
,
,
-,
~I
,I
II
,I
.1
!I
'I
I
,
I
I
I
,
I
I
I
I
,
,
~
w
o
o .
~"'<(
.0"
s-.
iti::w
...l4!::
> .
.
o
.
~
,
0;: .... ~
~~ ~ i!
~~ g ~
~"'. :;
88 ;4
-~ ~
;H .
i 0
, ~
I',
.'1
!
! ~
, -
('!i ~
,IJ~ ! 0
: !
1'1'! ,
1 , ;
'5 ~~ II !I ,
~i ,
~~h ,
t~i~ ,1 1
in~ 11 1 0
;~!~ I !
;r,:H !
~~- .1
f~~~ .
I j
~rn I
'"
". [:j
I CJ.) ~
P"'"""4 "
. r-i 00
~ "
0
'"
..
~
::;s S!
.
.
&4
.
i
!
I
I
!
,
~B~~a~
Ii
'i
!iI
I ~ ; ~
II!
~ 13 g
111
~ ~ ~ ~
,
'.
;5
Attachment 8
)))
pm
c
taking telecom to new heights
October 14, 2009
City of Maplewood
Alln: Mr. Michael Martin, Planner
1830 County Road BEast
Maplewood, MN 55109
Chairperson Fisher and Members of the Planning Commission,
On Tuesday, May 19'h, the Maplewood Planning Commission conducted a public hearing forT-Mobile's
Conditional Use Permit application to erect a 75-foot-tali wireless communications tower on leased land
from Independent Schooi District No. 622 at the Harmony Learning Center located at 1961 County Road
C East. Prior to the public hearing, it was determined by City Planning staffthatT-Mobile's proposal met
all of the ordinance criteria regarding the tower height and location. However, there were concerns by
some members of the Planning Commission, and adjacent neighbors, regarding the aesthetics, safety
and location of the proposed facility on the subject property. In addition, the Planning Commission
requested that T-Mobile look into the feasibility of alternate locations for the communications facility.
As was requested by the Planning Commission, Dennis Sullivan, Director of Business Services and Mike
Boland, Supervisor of Operations/Health & Safety/Grounds, for ISD #622 were approached about
shifting T-Mobile's proposed communications facility to either the northeast or northwest corners of
their property. They declined to move the proposed tower location stating that they were satisfied with
the proposed location as it would not Interfere with their daily operations.
T-Mobile was also asked to evaluate the Hazelwood Professional Center, which is a 4 story office
building located at 2785 White Bear Ave., and the Premier Bank building, which is located at 2866 White
Bear Ave., as possible alternate locations for their communications facility. Due to the combination of
the heights and locations of these buildings, T-Mobile has determined that they are not viable
candidates for rooftop Installations.
Linda Olson, adjacent property owner to Harmony Learning Center, requested that T-Mobile investigate
the Maplewood Covenant Church, located at 2691 White Bear Ave., as a potential alternate location.
While a 75-foot-tall tower on the Maplewood Covenant Church property would provide similar coverage
to that provided by the proposed tower at the Harmony Learning Center, T-Mobile did not pursue this
church location as its primary candidate for several reasons. First, T-Moblle was concerned where the
placement of a new tower would need to be located on the property in order to meet the 100 foot
setbacRrequlrement from theadjatent residential property line: This Would reqUitethet6Wen6be
located in an undeveloped portion of the property, and potentially restrict any future development of a
portion of their property. Second, T-Mobile is proposing to replace an existing light pole at the Harmony
Learning Center. Because there are no existing light poles to replace on the church property, It would be
necessary to introduce a new structure on the church property that, in T-Mobile's opinion, would have
just as much exposure to residential dwellings, and White Bear Avenue, than the proposed structure at
the Harmony Learning Center. Finally, T-Mobile had worked with Independent School District No. 622 In
the past to develop telecommunication facilities on School District property and had general lease
language in place.
In an effort to make the proposed communications facility at the Harmony Learning Center more
aesthetically appealing, T-Mobile is proposing to replace its standard triangular antenna installation with
a flush mounted Installation. In addition, T-Moblle would enciose the compound with an eight-foot-tall
cedar fence or, should the City prefer, they can enciose the base of the tower with an elght-foot-tall
cedar fence and locate the radio equipment within an equipment enciosure next to the tower base and
having a brick fa,ade painted to blend in with the existing Harmony Learning Center school building
located on the property.
information regarding the safety of the monopole design has been inciuded with T-Mobile's
supplemental material. On January 12, 2007, a property value impact study regarding cellular phone
towers in the Twin Cities 13 County Metropolitan Area was completed for T-Mobile. A copy of this
report has also been inciuded to help address any questions or concerns regarding the effects of
communication facilities on property values.
Sincerely,
Amy Dresch
FMHC Corporation
7400 Metro Blvd., Suite 260
Edina, MN 55439
Office: 952.831.1043
Mobile: 612.802.0452
E-Mail: adresch@fmhc.com
Attachment 9
ENGINEERED
ENDEAVORS
INCORPORATED
nil) Experienced Poinf of View
March 2, 2007
Reference:
Design and Reliability of a Monopole Struchlre in the Telecommunication Industry
Fall Zone Radius
Quality of Stccl and Fabrication of a Monopole Structure
In response to your inquiry regarding the design and anticipated reliability of a monopole structurc:
1. The monopole structtlfe is designcd to mcct thc requircmcnts ofthe ANSI TIA/EIA 222F
(June, 1996) titled Structural Standardsfor Steel Antenna Towers and Antenna Supporting
Structures and mostly recently publishcd ANSI/ElA-222-G (August 2005) titlcd Structural
Standard for Antenna SUppOlt Structures and Antellllas. It also meets or exceeds the
requirements ofthelnternalional Building Code and the Manual of Steel Construction ASD
and LRFD by the American Institute of Steel Conshuction. Furthermore, the foundation and
anchor bolts meet the requirements of the American Concrete Instihlte's Building Code
Requirementsfor Structurai Concrete (ACI318-05), The pole itselfis also designcd to mect
the provisions of the Amcrican Society of Civil Enginecrs (A.S.C.E.) Design of Steel
Transmission Pole Slructures, which was just recently published (2006) as a design standard.
2. Based on the location of this strueture and thc applicable dcsign codcs, the basic design wind
speed offastest mile and/or 3 second gust is used to deign the structure. An additional case
with ice is also checked based on past historical data on ice accumulation in the area. The
specified wind speeds exceed the 50-year maximum anticipated wind velocity at 33ft above
ground lcvcl. Additional factors are applicd to incrcasc thc wind loading, e.g., a gust
response factor is imposed in order to account for sudden changes in wind speed, a height
cocfficicnt to account for increasing wind specd with height, and an exposurc cocfficicnt.
Based on these conservative coefficients, the structure could in fact survive even greater
wind loads than the basic dcsign wind speed without any failurcs.
3. The monopole structure design is controlled by wind indnced loads, however, earthquake
induced loads are also evaluated with all building code requirements being satisfied.
Vertical loads (i.e., gravity loads) are minimal on these types of structures, approximately
20% of thc maximum capacity.
Engineered Endeavors, Inc.
7610 Jenther Ddve
Mentor, OH 44060
Phone (440) 918-1101 . Pax (440) 918-1108
Reference:
Design and Reliability of Monopole Structure in the Telecommunication Industry
Fall Zone Requirement
Quality of Steel aud Fabrication of a Monopole Structure
2
4. The design and loading assumptions, which are used fol' thc analysis ofthcsc structUI'CS, are
very consel'vative in natU1'e when compal'ed to othel' building codes; as a I'esult, structural
failure is highly improbable.
5. Failure of a steel monopole stl'llctUl'e is defincd as being that point at which the induced
stl'esses exceed the yield stl'ength of the material. At this point, deflections will be induced
in the structUl'e, which will no longcr be I'ccovcmble oncc the load has becn I'cmoved.
Hence, a pennanent deflection in the monopole would exist.
6. The induced loads must be sustained for a long enough period in ordel' that the struetU1'e has
timc to I'cspond to thc load without its removal. MonopoIcs arc flexibIc, fOl'giving structurcs,
which am not genel'ally susceptible to damage by impact loads such as wind gust or
eal'thquake shocks.
7. As the structul'e leans ovel' f!'Olll the induced loads, it pl'esents a mal'kedly I'educed exposure
area for the development of wind-induced forces. This would I'esult in the lowering ofthc
applied forces and, therefore, the reduction of stresses and a halting of the structural
deflection.
8. Hypothetically, lct's assullle that a pole bccomcs ovcrloadcd. Thc typical conscqucnce of
this overloading is "local buckling" where a relatively small portion ofthe shaft distorts and
"kinks" the steel. Upon the removal of the applied load, the structure will not l'eturn to a
plumb position. This does not cause a free fa11ing pole. Even though the buckle exists, the
cross section of the pole is cable of carrying the entire vertical load. As a result, wind
induced loads could not conceivably bring this type of strncnll'e to the grollnd due to
the excellellt ductile properties, design criteria, and' failure mode. In the event of an
unlikely failure, theoretically, the monopole is desigued to have a high stress point at an
intermediate height. This will keep the monopole structurewithill a certain fall radius.
9. This monopoles is theoretically designed to collapse upon itself in the event that a
catastl'ophic cil'cumstancc al'iscs, howevel' this typc of failurc has ncvel' oceurrcd on an EEl
tapered tubular monopole structure. The initial failure point or high stress point of thc
monopole can be specified at certain elevations. The structure was designed so that the
stresscs in the upper section of monopole arc gl'eater than the stl'csses in the bottom sections.
The upper section fails and collapses onto the bottom section producing significantly less
wind area, hence decreasing the loads applied to the struetU1'e. As a I'esult, the struetul'e
does not "free fall" to the ground and stays within the compound al'ea.
10. Furthcl' proofs to the intcgrity ofthcse strueture-typcs arc the fact that all EEl monopole
Engineered Emleavors, Inc.
7610 Jenther Drive
Mentor, OH 44060
Phone (440) 918-1101 . Fax (440) 918-1108
Reference:
Design and Reliability of Monopole Struchlre in the Telecolllmunication Industry
Fall Zone Requirement
Quality of Steel and Fabrication of a Monopole StlUcture
3
structures in the Florida region withstood the dircct impact of Hurricane Andrew with
absolutely no structural damage rcported. Wind loading was reported to be in thc rangc of
100-120 MPH. Most reccntly, all EEl monopoles in the Wilmington, NC rcgion withstood
thc force of Hurricanes Bertha and Fran, which had wind spceds of I 05 MPH and wind gusts
of lIS MPH.
I I. In another incident, an EET monopole withstood the impact of a run away bulldozer, which
rammed the monopole at the base. The monopole stood firm with only a dent in the shaft.
After field repairs, this monopole is still in service and perfOlming to its design capacity.
12. EEl has never experienced a structural failure due to weathered induced overloading. EEl
personnel have over 75 years combined experience in dcsign and fabrication of these types
of structures.
In response to your inquiry regarding the quality of steel and fabrication of a monopole structure:
I) The monopole is fabricated from ASTM A572 Grade 65 material with a controlled
silicon content of 0,06% maximum to promote a uniform galvanized coating. The
base plate material is tabricated from A871 Grade 60 material. All plate material
mects a Charpy V -Notch tonghness requirement of 15fT-lbs @ -20' Fahrenheit. By
meeting the strict toughness requirement, the monopole is best suited to resist the
cyclic/fatigue type loading (i.e., wind induced loading)these structures exhibit. Thc
toughncss spccification is based on 35 years of lapel' tubular polcs being designed
and manufactured for the electrical transmission and communication industries.
2) Anchor bolts are fabricatcd from A615 Grade 75 material. The bolts arc 2 Y. In
diameter, made from # 18J bar stock. All threads are rolled. Anchor bolts come
complete with two (2) AI94 Grade 2Hhex nuts. The anchor bolt material must also
meet a Chalpy V-Notch toughness of 15 fT-lbs @ -20' Fahrenheit, to resist the
cyclic/fatigue type loading (i.e., wind induced loading) thesc structurcs exhibit.
EEl guarantees the quality of steel used on the entirc monopole. Material Certifications
(Mill Test Reports) are available on all material at the time of fabrication, The toughness
requirement should be taken very scriously, for over the lifetime of the structure not having this
toughness requirement, "toe" cracks may occur at the base of the structure atld the structure could
ultimately fail.
Fabrication of the monopole is performed in accordance with the provisions of the AISC
Manual of Steel Construction and ASCE's Design of Steel Transmission Pole Structures. All
Engilleered EndeavO/'oS, IlIc.
7610 Jenlhel' Drive
Menlor,OH 44060
Phone (440) 918-llOt + Fax(440)918-1108
Reference:
Design and Reliability of MOl1opole Structure in the Telecommunication Industry
Pall Zone Requiremeht
Quality of Steel ~\nd Fabrication of a Monopole Structure
4
welding and inspection is in accordance with the American Welding Society's Specification Dl,l -
latcst rcvision. Tcsting and inspection reports are available upon I'equest at the time of fabrication,
In conclusion, due to the aforementioned items, EEl's monopole structures have not
experienced "fi'ee fall" type failure due to wind or seismIc induced loads, I hope that these
comments address the issues, which you might encounter relative to the anticipated performance of
monopole structures and qualIty of steel and fabrication, However, I will be most happy to answer
allY specific questions, which you might have,
Sincerely,
Enginccrcd Endeavors, Inc.
?11 ~ :t- /tt!2
fitJ€
Michael R, Morel. P,E.
Vice President of Engineering
Engllleered Elldeavors, inc.
7610 Jenther Drive
Mentor, QH 44060
Phone (440) 918-1101 + Fax (440)918-1108
EMERSON..
..........D..............~~ .... ..ENGINEERED..........
ENDEAVORS
INCORPORATED
rtlO E!lfPl!(lenCflU Polol of VJ<lW
;
........................."..........................1
;
--.--..............."..............,tli",.));:..
-::f:i'
(\lpi.'^,l>d< P()\!Vt'r
Fan Zone Calculation
In order to calculate the height of the hinge point or high stress area on a monopole structure to fall
within a specified fall radius, the following equation can be applied.
H'-FR'
"-
A. -
2H
where:
x Height to theorctical high strcss,/t
H Height of stlUcture,/1
FR Fall radius,ft
Notes:
I. Monopoles are very flexible, forgiving structures
2. EEl's tubular monopoles have never experienced a "free fall" type failure due to wind
induced loads
3. As the stmcture deflects, it creates a markedly rcduced exposurc arca, thereforc, lowcrs the
applied forces
4. Design criteria is very conservative
5. Due to gust factor, height coefficient, and exposure factor, the stlUcture could in fact survive
even greater wind than the specified basic wind speed
6. Due to the ductility ofthe steel, failure is defined as permanent deflection in the polc
7. Initial failure points can be designed at specific locations
Engineered Endeavors, Inc.
7610 Jenther Drive
Mentor, OH 44060
Phone (440)918-1101 . Fftx(440) 918-1108
f-
;r:
'"
w
;r:
r MAXIMUM
DEFLECTION
iA~~, - ~ '11 ,4f
fl' ,-- Xc':'
rl ",. -,," .<; ~
!!/~ R' ""
fll~t //'111 i~
iI'/~ ur/.r~'
Iff'f /,;,
~If~ ,'Is
~JI!I lll,j
Itl,! t,'/'/
1/1'9 1/l1J
fill II/!
..., l/fJJ
'fll/$ I ~'tJ/J
"'Ii'fj Vi l ,,'j%~1r7
#lld .} ltJ/f! /
:II~ //11 v
Id/ll 91YII
II/If! Aliff
~IJ/?, Ijll~
lil}f fI/II
'III'~ 'i! 'II
(II/it ~;/u
fI'ii il/!
Inl'} flli
Ilt}/1 ~~/II
Rill! +'r/
mid //1
Juffl ht~
U1/lflffg
.,/","f,
II/iii I III(
NI/I'.ltl/
1/'1,1",1/11
IllffilJIJ
hlJ~Ylf
ClUti!"
Ii!.'!l,f
\/JI/(
J IJI
I~ 'II
1/{,ffN
Mill
Ill/II
r~'l
li]'
"
"
,
.
.
WIND
SH EAR
r"o
;r:
~
x
FALL
RADIUS
Engineered Endeavors, Inc.
7610 Jenther Drive
Mentor,OH 44060
Phone (440) 91S-1101 . Fax(440)91B-IIOS
I
I
I
I
I
I
I
I
I
I
I
I
I
;i
II
1::
I
..':':,....
~'i',:'" .
IN";..
,.;,'
'1<
~~i~\.,..:. '.
,-
I
Attachment 10
i
i
.j
I
I
!
3655 Plymo.th Bolll.van!, Soite 105
Plymooth, MN 55446
763-525-0000 It"dn
765-525-8875 fax
.utfA_._.._.m ._.....u_..'.... ". '. ";.
THE .
WLWll~'~N
................_..____._____ ..".........,.,P.rjnclpal$."...",..._"~..".__.,.,........_
Paul G, Bakken, MAIl MS, CCIM
Clem$" C. Liedl, MAl
ThllntM J. Day, MAI, SRA
David: S, Reach, MAl
Scott F. Muencnow, MAl
Michael A. aOwniR, MAl
January 12, 2007
Eric Engen
T-Moblle USA
Development Manager - Central Region
N19 W24075 Riverwood Drive, Suite 100
Waukesha, Wisconsin 53188
RE: Property Value Impact Study -
Cellular Phone Towers
Twin Cities 13-County Metropolitan Area
!vfinnesota and Western Wisconsin
Dear Mr. Engen:
As requested, the appraisers have completed a Property Value Impact Study to
ascertain whether cellular phone towers have an impact on neighboring residential
properties. This report provides a summary of the analysis for the Property Value
Impact Study.
We have considered four study areas that are improved with residential properties
that are near cellular phone towers, The study areas were analyzed to determine
whether there is market evidence indicating that cellular phone towers have an
impact on the market value (or selling price) of the neighboring residential
properties. The following steps were employed in the analysis:
1, Identify locations in the Twin Cities 13-County Metropolitan Area where
residential properties are located in close proximity to cellular phone towers,
The neighborhoods chosen include owner occupied residential properties,
which are fairly homogeneous (in terms of age, style, size, view, amenities,
etc.). This will allow for better comparison based on proximity to the cellular
phone tower.
2, When there are an adequate number of comparable sales within the study
area, we have conducted a paired sales analysis. This analysis compares the
sales prices of Individual homes located near a tower to the sale prices of
similar homes not located in close proximity to a tower.
II
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Eric Engen
January 12, 2007
3. Interviews have also been conducted with sales agents and buyers of
properties in dose proximity to a cellular phone tower to determine if the
presence of the tower had an impact on the sale price.
We also identified three new housing developments situated near cellular phone
antenna sites, In this regard, we interviewed developers and sales agents that are
marketing the developments to determine any impact by the neighboring towers,
In all study areas, our findings indicate there is no measurable difference in the
market value (or selling price) between properties that are near cellular phone
tower (s) anq those that are farther away from the tower (s). Therefore, it is our
conclusion that cellular phone towers do not have a measurable or identifiable
impact on residential property values.
Feel free to contact me if you have any questions or concerns,
Respectfully submitted,
THE VALUTION GROUP, INC.
J#1~
Scott F, Muenchow, MAl
Minnesota Certified General Real
Property Appraiser #4000872
/J~ ..J 1UMt<./.()/c
David S, Reach, MAl
Minnesota Certified General Real
Property Appraiser #4000648
Wisconsin Certified General Real
Property Appraiser #635-010
5
~
c.;l
~
~
:::5
~
~
.
Page 1 of3
Attachment 14
Michael Martin
"~~~__,_"_______"m~~.~~,~.,,~...__"_~'_"__'~"~""'~_"~"__~____~._,"~m"~"_~_~_~~,____~_^~__"_._"~~_'~'''__"~~~~~_~'~.,"'_~~_."~'._m__'~"""~
From:
LINDA OLSON [lindamae5185@msn.com]
Monday, May 04, 2009 3:32 PM
Michael Martin
Sent:
To:
Cc:
Cherryl Kurkoski; Ann Flor; Ananth Shankar; Dale Trippler; Diana Longrie; Mallhew
Ledvina; Mall Wise; Tom Ekstrand; Will Rossbach; mlapitz@hotmail.com;
mepretzel@hotmail.com; trlapitz@gmail.com; ruth.kranick@lacek.com;
ekstedtfamily@hotmail.com; stevekranick@msn.com; liltlelady@pressenter.com;
dale.olson@thomson.com; ekstedt@minnehahaacademy.net; glen029@hotmail.com
Subject: FW: T-Mobile Tower at Harmony Learning Center
Follow Up Flag: Follow up
Flag Status: Completed
Monday, May 4th, 2009
Michael Martin
Planner
City of Maplewood
This is in response to your request for feedback on the proposed 75 foot T-mobile tower to be
located in the middle of the Harmony Learning Center Parking lot - and about 75 feet away from
my home.
As owner of all of the property located immediately adjacent and to the east of this site, T-Mobile
has chosen the most obnoxiously possible placement on the entire Harmony site for this tower.
The only location that could more negatively impact my property, land and home would to be to
locate this tower further east on this parking island, or further northeast between the corner of the
Parking Lot and 1st base in the Baseball field. Then this tower would be in full view of the biggest
window in my kitchen.
As a homeowner, I cannot strongly enough object to this placement of this tower. The proposed
75 foot tall tower will be visible from every window in my house on the north and west sides, and
it will clearly overstory any vegetation growing along the fence between my yard and the Harmony
school parking lot. That tower will dominate every corner of my entire back yard. It will also
overstory and dominate all of the trees and other residentiai lots to the east and south of this site.
As a resident, I am not at all comfortable with placing this tall utility smack in the middle of such a
large open space. Putting this cell-phone tower in the middle of a large parking lot located between
two wetland areas does not seem to be very practical. With the large Ramsey County Wetland to
the north, the Casey Lake storm drainage area and Casey Lake Park (the largest park in the City of
North St. paui) to the east, and the Wetlands behind Bachmans to the south, this makes very little
sense. This Is a wildlife corridor to deer and other creatures that pass between the wetlands
and cross County Road C - mostly through my front yard. In addition, this parking lot is located
virtually at the bottom of a natural depression created between Bittersweet on the west and
McKnight on the east. This placement makes little sense when the immediately surrounding areas
are considered.
As a taxpayer to ISD 622, I can understand why a lease with T-Mobile would be financially
agreeable to the School District, especially if T-Mobile is also going to pay for all of the electricity
and maintenance to the new parking lot lights, in addition to what I hope is a generous Lease
5/12/2009
Page 2 of3
amount. However, I wonder if the School Board has given any other considerations to the
ramifications of this placement on this site.
As a parent, I cannot think of a placement more obnoxious and obvious to all of the ALC students
and others who use this facility, including the T-ball, softball and baseball players from the North
St. Paul Athletic League who use the ballfield. Open exposure of this tower base is also NOT
advisable to all of the surrounding residents and their children who use this parking lot and the
adjoining recreational space.
I am a T-mobile customer. I have NEVER had drop-out problems with my cell phone from
anywhere in my house or my yard. Cell phone coverage from both the nearby North St. Paul
Water tower and the tower by the Sheet metal Workers union seems to be more than adequate for
this site.
0,
From the maps supplied in my mailing, it seems to me that this tower Is NOT going to completely
cover all of the areas which are projected to need better service. One better and less obtrusive
location is behind Les's Superette, near the dumpsters and in the Maplewood Covenant Church
Parking lot. other locations to fill the proported customer residential needs means perhaps this
tower should be located further north on White Bear Avenue - perhaps behind the Premier bank.
Another area to site this tower that might better serve the neighborhoods in need might be on one
of the higher elevations on the north side of Casey Lake - perhaps even in Casey Lake Park.
Have options on the West side of White Bear Avenue, at the top of the hill near the soccer fields
been investigated?
Regardless, it appears to me that other towers are going to have to be installed within a quarter-
mile radius from this tower within both North St. Paul and Maplewood to meet the proported needs
of the T-Mobile resident customers who will not be able to benefit from this tower.
Other cell phone towers located In the City of Maplewood have been placed in corner areas, not
smack in the open center of large residential, school and wildlife areas. They have also been
surrounded with various objects and designed to be unobtrusive wherever possibie. The T-Mobile
Tower located behind the Steelworkers Union building, less than a mile away, is placed very close
to the building and next to the Dumpsters.
The argument that better cell phone coverage is needed for car service in this area is going to fall
upon my deaf ears - especially since cell phone usage while driving in the car is such a problem
issue. Reference all Drivers using the cell phone on County Road C and White Bear Avenue while
driving now.
Is the goal of T-Mobile to eventually install cell phone towers every half-miie within this city area to
provide full and unlimited coverage to every geographical depression in the city? How many more
towers are being discussed for future installation in the City of Maplewood? What is being planned
for the adjoining City of North St. Paul?
This may be the best place for a new tower from T-Mobiles corporate viewpoint simply because this
site is so open and easily accessible. Placing this tower on grade in a flat, open space and next to
curb and gutter must seem ideal. But placing this IN THE MIDDLE OF THIS PARKING LOT is the
most obnoxious and intrusive location possible to both residents and users of this facility.
This design may be best for T-Mobile because it offers the cheapest possible construction costs.
Surrounding this tower with an 8 foot high chain link fence, topped with 3 strands of barbed wire,
and NO Landscaping - simply because "none exists", is the cheapest possible and most obnoxious
at grade design possible. And the ONLY community enhancement or 'improvement' to the site
being proposed is to add parking lot lights, which easily can be obnoxious all by themselves.
Finally, if this tower MUST be placed on the Harmony Learning Center site, for what I must assume
are financial considerations to the school district, then there are other locations on the property
5/12/2009
Page 3 of3
that must be considered.
First, it must be placed MUCH CLOSER to the building. Smack in the center of such a large,
exposed open space in a residential area is simply not acceptable.
Other areas on the Harmony School site that should have been considered are near the north side
of the building. Any location on the north side of the building could be more easily tied into the
exsisting site and be landscaped to create a much iess obtrusive structure. Another option is the
hill immediateiy next to the intersection on the north-east corner of White Bear Avenue and County
Road C, where the old Maplewood School was originally iocated, would provide a natural elevation
that would not only raise the base of the tower and increase the range of the signals, but be much
easier to landscape and conceal the base and infrastructure. This iocation would still be accessible
to utiiity vehicles from the existing utility parking area located on the south side of the buiiding.
As outgoing Chairperson of the Community Design Review Board, my first reaction to this letter
from the City was that this had to be some kind of a sick joke. Is placing this monstrosity next to
my home is my repayment for choosing to take a break from nine years of continuous, dedicated
and unpaid volunteer in service to the City of Mapiewood? Staff has clearly not taken any overall
residential Community Impact into consideration by promoting the placement of this tower. Do all
of the lessons learned over the last decade about cell phone tower placement within the City of
Maplewood have to be revisited?
And fair warning - the "experienced' T-Mobile engineer who submitted this proposal is going to
have a serious uphill fight with me to justify both the proposed placement and design of this
tower.
I VOTE NQ!!!!
Linda Olson
Active Volunteer and Current Chair
Community Design Review Board
Citry of Maplewood
Mrs. Linda Mae Olson
Mr. Larry Gold
Property Owners and Residents
2005 East County Road C
Maplewood, Minnesota
lindamae5185@msn._~om
Linda M. Olson
Engi neeri ng Aide II
Dept of Public Works, Bridge Division
City of St. Paul
651-266-6185
I inda .olson@~i"str:>at.ll. mn. us
5/12/2009
Page 1 of2
Attachment 15
Michael Martin
Sent:
To:
Cc:
From: Linda Olson [lindamae5185@msn.com]
Tuesday, May 05, 2009 11 :41 PM
Tom Ekstrand
Michael Martin; DuWayne Konewko; Ananth Shankar; Matt Ledvina; MaU Wise; Rossbach; Diana
Longrie
Subject: Re: T-Mobile Tower at Harmony Learning Center
Tuesday, May 5, 2009
Please run all of my comments, sarcastic, critical and otherwise. My initial e-mail covered everything I could
think of in the few days I had between receiving the mailing from the city and meeting your deadline for
resident submissions. I would rather have all of my obseNations out there now so others can consider my
comments and ponder the issues this proposed cell-phone tower raises before the maUer becomes a single
yes or no issue.
I knew the timing on this proposal would be close as to whether I would be reviewing this as the silting Chair of
the CDRB or not. That is one reason I threw so many of my arguments into that e-mail. I am not opposed to
T-Mobiles aUempts to improve their cell phone coverage, nor am I opposed to cell phone towers as a general
rule. I am, in fact a T-Mobile user. However I am very unhappy with the careless placement and design of this
particular tower, and I can assure you that even if I was not an impacted resident, I would not approve of
placing this tower in this place on this site with this current design.
Presiding as Chair of the CDRB over this issue does present a clear conflict of interest. I am grateful that I
will be able to present my viewpoints from the audience, and not have to worry about running the meeting and
managing the gavel, motions, audience and camera at the same time.
During a simple drive-around our city after work tonight, I easily located the following cell phone towers or
antenna clusters:
1. The Sheet Metal workers Union site - just south of Hwy 36 a very large tower located about
15 feet from a building, next to a fence and the dumpsters on the back corner of a parking lot,
just south of Hwy 36.
2. a cluster of Antenna on top of the Tallest North St. Paul Water Tower located directly south near Ariel Stree
and south of Hwy 36.
3. a cell phone tower just south of Hwy 36 between the frontage road and the Gateway Trail, across the street
from the North St. Paul Public Works storage site.
4. a cluster of antenna located on top of the older North St. Paul Water Tower on 14th Avenue near
Richardson School.
5. cell phone towers and antenna located on top of the Emerald Inn by 694, east of White Bear Avenue.
6. another cell phone tower located just north of County Road D behind the Midas Muffler Shop (next to the
Old Best Buy) and south of 694.
7. I have not yet visited the T-Mobile tower called Ai N0050A located north of Hwy 36 and south of GeNais,
and west of Clarence. According to the submiUed, that tower appears to be about 1.5 miles from my home.
If T -Mobile has a One-mile radius of coverage from all of these existing tower locations, then my home is
currently overlapped with coverage from three of these existing structures. If T-Mobile requires a half-mile
5/12/2009
Page 2 of2
radius for cell phone coverage, then this city is in for a wave of new cell phone tower construction.
I'm still having trouble with the comment that n. "we had no prior meeting with T-Mobile on this site selection
before they presented their application for the tower. We will have to review it like any application we receive
and weigh the pros and cons of this proposal." It seems to me that city staff should at least speak with an
applicant prior to spending taxpayer time and money reproducing, mailing and distributing proposal letters,
plans and maps for review and resident feedback. The number of people who have told me they either
received or have seen this mailing is increasing daily, and I wonder if it this is standard procedure -to take
what an applicant submits and just put it out there in the community, before having any kind of internal
discussion - or even a phone call with the applicant first. Placing the burden of review first upon the
community seems to have the potential for creating unnecessary confusion and conflict.
Finally, just for the heck of it, I drove through most of the southern part of White Bear Lake adjoining our city
tonight, and I was unable to locate a single cell phone tower visible from my car windows. They have hidden
their cell phone towers very well.
Linda Olson
Resident
2005 East County Road C
Maplewood
5/12/2009
Page 1 of 1
Attachment 16
Michael Martin
From: Glen Olson [glen029@hotmail.com]
Sent: Monday, May 04, 2009 10:09 PM
To: Michael Marlin
Subject: T-Mobile cell tower at Harmony
Mr. Martin,
As a T-Mobile customer with poor service in my house, I would be pleased to have better service.
But as a nearby landowner to the proposed site, I have some serious questions and concerns. The
letter enclosed in the notice mentions that other companies could potentially rent space on the new
tower from T-Mobile. What I don't see is much information or consideration about T-Mobile
using other existing structures. The Maplewood water tower at Hwy 36 is just .7 mile from
Harmony. It is practically visible from my yard and at a higher elevation. Unfortunately the B&W
map copies were insufficient to actually compare the two options. The huge light poles at
Maplewood Mall are not mentioned. Were they considered?
The choice of placing it directly in the middle of the parking lot, with a barbed wire-topped
enclosure around the base, seems at the least insensitive to aesthetics, and potentially dangerous
to the many youth who still frequent the site. If there is no danger of damage due to a collapse,
why not put it right next to the building? (If there is, it doesn't belong anywhere, of course.) White
Bear Avenue is zoned commercial, the land to the east and north is not. If this area is the only and
best choice, it should at least be closer to the west side of the site, not within spitting distance of
residences. The negative impact on adjacent residential land values from this proposal would be
significant, and I am opposed to It. The cell reception I have is acceptable as is after all, all things
considered.
Glen Olson
2045 17th Ave E
5/12/2009
Page ] of]
Attachment 17
Michael Martin
From: dale.olson@thomsonreuters.com
Sent: Monday, May 04, 2009 3:59 PM
To: Michael Martin
Subject: RE: T-Mobile Tower at Harmony Learning Center
Monday, May 4th, 2009
Michael Martin
Planner
City of Maple wood
This is in response to your request for feedback on the proposed 75 foot T-mobile tower to be located in the middle of the
Harmony Learning Center Parking lot.
Unfortunately I do not collect the mail on a daily basis so was unaware of this issue until yesterday and hope this e-mail will
provide an adequate response.
I have to object to the proposal as initially provided in the mailing. Based on other sites, the location is not ideal, and the lack
of any landscaping for a 6 foot fence with a three-strand barbed wire is absolutely not acceptable.
I can understand that a lease with T-Mobile would benefit the School District and they would be in favor of it. But I don't
think the School Board is considering all of the impacts that this placement on this site would have. There are certainly more
unobtrusive locations on that parcel of property, and while the district would not get a "free" light pole out of the deal, it
would not be the eyesore that is proposed.
This does not appear to be a very well thought-out proposal. It seems that any factor other than how easy it would be for T-
Mobile to build and maintain was not even considered.
I and the other participants in the Trust are not agreeable to this proposal.
Da]e Olson
Trustee, Priscilla L. Olson Trust
Owner of parcel east of Harmony Learning Center
2027 E. 17th Ane.
North st. Paul, MN 55109
5/]2/2009
Attachment 18
CONDITIONAL USE PERMIT REVISION RESOLUTION
WHEREAS, Amy Dresch, of FMHC Corporation and representing T-Mobile, applied for a
conditional use permit to install a 75-foot-tall telecommunications tower and related equipment.
WHEREAS, this permit applies to 1961 County Road C East. The legal description is:
That part of the Southwest y., of Section 2, Township 29, Range 22, Ramsey County. More
particularly described as: Beginning at the intersection of White Bear Avenue and the South link of
Said Southwest 1/4; thence northerly on said center line 420.55 feet; thence east parallel with said
South line 311 feet; thence northerly parallel with said center line 140 feet; thence north 107.07 feet,
thence east 391.55 feet to a point 658.95 feet north of said South line; thence to said South line at a
point 200 feet west of said y., corner; then West to the point of beginning.
WHEREAS, the history of this conditional use permit is as follows:
1. On May 19, 2009, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning
commission gave persons at the hearing a chance to speak and present written statements.
The commission also considered reports and recommendations of the city staff. The
planning commission tabled their review and directed the applicant to consider alternative
locations for the proposed telecommunications tower.
2. On 2009, the planning commission continued their review of the proposed
conditional use permit for a telecommunications tower and recommended that the city
council this request.
3. On , 2009, the city council discussed the proposed conditional use permit. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council
conditional use permit revision, because:
the above-described
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance
to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes,
water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
Attachment 18
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. Community development staff
may approve minor changes.
2. The proposed construction must be substantially started within one year of council approval
or the permit shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. This conditional use permit is conditioned upon T-Mobile allowing the collocation of other
provider's telecommunications equipment on the proposed tower. T-Mobile shall submit a
letter to staff allowing collocation before a building permit can be issued.
The Maplewood City Council
this resolution on
,2009.
p:sec2S\1961 County Road CIMonopole CUPIPCIT Mobile CUP Resolution MM TE
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Community Design Review Board
Shann Finwall, AICP, Environmental Planner
Sign Ordinance Amendments
November 3, 2009 for the November 10 CDRB Meeting
INTRODUCTION
The city's sign ordinance gives guidelines to businesses and residents for visibility and
promotion, and protects the public health, safety, and welfare. Maplewood's current sign
ordinance was adopted in 1977, with only minor revisions made since that time. In 2004
and 2005 the Community Design Review Board (CDRB) researched various aspects of
signs and ordinances, drafted amendments to the city's sign ordinance, and took public
comment regarding the amendments.
Based on this review, the CDRB recommended approval of a revised sign ordinance on
March 1, 2006. No action was taken on those revisions until April 14, 2009, when the
CDRB gave their support for the continuation of the sign ordinance amendment. Based
on this continued support, the city council discussed the sign ordinance revisions during
a workshop on June 1, 2009. The city council directed staff to bring the sign ordinance
back to the CDRB in order to obtain updated comments from the public prior to a first
reading.
DISCUSSION
Based on city council directive, city staff obtained additional comments from the city
council, planning commission, CDRB, staff, and the public on the proposed sign
ordinance amendments. Following is a recap of the comments received since June
2009.
City Council Workshop. June 1. 2009:
Commercial window signs - Ordinance restricts temporary window signs to 30
percent of the window coverage for a maximum of 30 days per sign. What about
the neon lighted beer signs, or similar types of signs placed in a window as a
more permanent fixture, and not painted on a window?
Off-site real estate signs - Ordinance allows directional or open house real
estate signs at the intersections, with a restriction of one sign per corner per
intersection. How will the city enforce the ordinance if there are five or more
signs at an intersection, how will we know which one to remove?
Opinion vs. political signs - Ordinance allows one opinion sign up to 32 square
feet per residential property and up to 64 square feet per commercial property.
Political campaign signs for local elections are limited to 16 square feet. We
should have more consistency so that all similar types of signs (I.e., opinion and
political signs) have the same size requirements.
Community Desiqn Review Board, AUQust 11, 2009:
Commercial window signs - define "window" and/or add a maximum size for
window signs in the event a window sign is painted on a solid wall of glass.
St. Paul Area Association of Realtors, Government Affairs Committee, Auqust 20, 2009:
Off-site directional and open house real estate signs - regulate these signs at
intersection using a time frame rather than a quantity restriction (see attached
letter from the SPAAR - Attachment 1).
St. Paul Area Chamber of Commerce, Government Affairs Committee, October 14,
2009:
No comments received.
PlanninQ Commission, October 20, 2009:
Are we going to enforce this ordinance? There are times with ordinances don't
get enforced promptly or at all. Let's not even have an ordinance if we won't
enforce it.
Let's put out a code we can actually enforce.
There's a potential problem with the proposed window sign requirements. The
proposal to limit the coverage to 30% of the window area and allow them for only
30 days a year will be hard to enforce. This won't work, it might be too hard to
regulate.
How do we compare with other cities? We should be in line with other nearby
communities-be reasonable by comparison,
What happens if when staff enforces a sign code (the example given was window
signs) and that shop owner asks, "how about the other five stores in the area with
too many window signs? What are you going to do about those?" Do we
approach all the ones pointed out by the shop owner?
White Bear Avenue Association of Realtors, Networkino Event. October 26, 2009:
Why is the city proposing new sign regulations, because there are problems with
the existing sign code or because the city wants to update the regulations?
A residential property owner's freedom of speech might be impacted by the
restriction on size of opinion sign,
Small businesses depend on temporary signs for advertisement, the city should
consider less restrictive regulations on these signs,
The city shouldn't regulate aesthetics of a sign.
2
City Staff Review. November 2009:
Karen Guilfoile, city clerk, requests that the sign code address duration of sign
placement for unsuccessful primary candidates as follows:
Unsuccessful primary candidates must remove their signs within one
week after any given primary.
Jim Taylor, recreation supervisor, requests that the sign code allow for temporary
sports facility sponsorship signs as a way to generate funding for recreational
facilities within the park in which they are installed as follows:
Temporary sports facility sponsorship signs subject to the following
required standards:
(a) The Maplewood Recreation Department will regulate all temporary
sponsorship signs.
(b) Sponsorships collected for such signs will be used to help fund
recreational facilities within the park in which they are installed.
(c) Signs can be placed at baseball and softball fields, and shall be
located on the outfield fences or the scoreboard, or both. Such sign shall
be oriented toward the field of play, with a maximum of _ signs per
outfield fence and _ signs per scoreboard.
(d) Signs can be placed at hockey rinks, and shall be located on the
interior sides of the hockey boards, with maximum of _ signs per
hockey rink.
(e) Signs shall not exceed 32 square feet per sign.
(f) Signs are allowed to be installed for a duration of one year.
(g) Each sign shall provide identifying infOrmation for the sponsor such
as name, address, telephone number, or logo; any product advertising
shall be incidental and secondary to sponsor identification.
(h) Such signs shall not be illuminated except by the regular sports
facility lighting during hours of use.
(I) Such signs shall be maintained in good condition.
In order to add this language into the ordinance I had to add a section on Park
signage, which includes allowable permanent park identification signs and
special event temporary signs within parks.
3
Dynamic Display Siqn Ordinance, Auqust 11. 2008:
This ordinance was adopted after the CDRB's recommendations for overall sign
ordinance revisions in 2006. The ordinance language was added to the draft
sign ordinance attached.
SUMMARY
Based on the additional comments and review, staff has made revisions to the draft sign
ordinance and added notes in areas that should be reviewed (Attachment 2). Staff will
present the revisions during the November 10 CDRB meeting for review and comment.
RECOMMENDATION
Review the draft sign ordinance attached (Attachment 2) and be prepared to discuss and
make recommendations on the proposed changes.
P/Ord/Sign/11-10-09 CDRB Sign Ordinance Report
Attachment:
1. Sl. Paul Area Association of Realtors Correspondence
2. Draft Sign Ordinance
4
'~~' ~X'/x':>^<><'~. -" ,,-' ~',.c.~y><",:;^-",,<><:><~.,, ~_ .. /0 "&"<<',><:'-,<'><''';;,....'><''>Q<~~~~x~
)6 - - ,""~'''y'k~.z'i*"'''''-E7:' v '. - v - : ~A. ~ -.. - -. - - V"5 ~;di*'y""\R''':'~,~f)(\(V: - ,-' - >~
. ''-..,:!.../'^-.._/'^--..'i.~ __ "-._ . "- ....... _ ~/ ~ 'JC..y"'/Y'::!../0-.,Y/"'~'" --... ._/"
Att 1tc.I,j}\ent I
president
Rae Jean Malone, GRI
president-elect
Jennifer Snyder
secretary
Richard Mesenburg
treasurer
Mya Honeywell
director-at-Iarge
Cmina McCall Schafer
past president
Greg Bauman
board of directors
Kathleen Beckman
Judy Craig
Timothy Gallimn
Jason Gorman
Tom Janos
Cedar Kirt/ey
Jennifer Mains
Mechelle Malone
BerelliceRit1era
Jesse Sampair
Winder Webb
Jim Young
realtor of the year
Curt Newcomb
state directors
Greg Bauman
Jack McCarty
Carina McCan Schafer
national directors
John Pichi
executive vice president
Keith O. Holm, RCE
t"
/ '<\
! \\
',;';\]'''''1''*<-.'
1'1! l 'd"l
/":.,,~ ~a~.~~,!:~~/ \~,""~~~~".
ASSOCIATION OF REALTORS0
r H.'i,l/;Ji;.jxd::~! lSh, w,
325 EAST ROSELAWN AVENUE, SAINT PAUL, MN 551I7
TELEPHONE 65r-776-6ooo ! FACSIMILE 6sr-774--Un
October 16, 2009
Shann Finwall, AI CP
Planner
City of Maplewood
1830 County Road BEast
Maplewood, MN 55109
Dear Ms. Finwall,
Thank you for attending the Saint Paul Area Association of REAL TORS@ Government Affairs committee in August.
The update you provided on the city's plans for its sign ordinance was very informational. Inviting REALTORS@the
opportunity to give feedback on the language was appreciated and hopefully beneficial to you and the city as this moves
forward.
For the most part the language drafted as part of the sign ordinance revision is clear, understandable and reasonable.
However, after reviewing and discussing the language the committee is clear that the proposed language concerning off-
site directional and open house real estate signs is unacceptable.
There is concern that by limiting dle number of signs to an intersection on a first-come, first serve basis may violate
certain rights, create undue competition and culminate in adverse affects among REALTORS and the consumers they
represent.
The committee suggests th.at the City of Maplewood revise the language of the ordinance in th.is section to regulate the
signage in intersections using a time frame rather than a quantity restriction. Many communities have successfully
regulated th.e use of directional and open house signage by limiting the time period they may be posted. We have found
the objection to open house signs by residents isn't the number of signs posted, but rather the length of time a sign is left
remaining in the public's view. TIle longer the sign remains posted the more wear and tear it receives and unsightly it
becomes. However, by using a time restriction during a period when the public is accustom to home owners holding an
open house becomes much more palatable.
Another concern regarding quantity revolves around the instance when five properties or more in a prescribed area best
represented by one intersection are being held open on the same day. Four REALTORS stake their claim with signs and
the remaining are unable to market the open house on behalf of their clients, the home owner. How is it explained to
the Maplewood resident that four homes can be marketed on that street corner but theirs may not?
We urge you to consider revising the language to remove the quantity restriction of 4 open house and 4 directional signs
and insert a time period for signage display. We could provide you with examples of the type of language which could
accommodate our requests.
Again, thank you for allowing us to provide input to the proposed changes.
Sincerely,
~~"L~L
B. Patrick Ruble, Government Mfairs Director
\YV\TW.SPAAR.COM
PliO!
/ ./0
/
"~2:;X;('^):";;:~^>>:^Y,^WAY,,^xO.X',(~~^~
."'." .-<'>c~~~M'~~~:Q<~
~x"52 .>,"'.
Attachment 2
CITY OF MAPLEWOOD
DRAFT SIGN ORDINANCE
November 4, 2009
. (Originally Recommended for Approval by the Community Design Review
Board in March 2006)
. Changes made since March 2006 are shown as follows:
~ Items Underlined and in Italics Represent Proposed Revisions and
Staff's Notes for Final Version
~ Items in italics and not underlined represent the dynamic display sign
Ordinance language which was adopted by the city council on
August 11,2008.
Purpose and Intent
The purpose of this ordinance is to establish a comprehensive and impartial system of sign
regulations that balances the needs for effective visual communication including business
identification and the needs for a safe, well-maintained, and attractive community. It is intended
through the provisions contained herein to:
(a) Promote signs which by their design and dimensions are integrated and harmonized with
the surrounding environment and the buildings and sites they occupy.
(b) Protect the public from damage or injury caused by signs that are poorly designed or
maintained and from signs that cause distractions or hazards to motorists and pedestrians using
the public streets, sidewalks, and right-of-way.
(c) Avoid excessive signage in order to give each business or use optimum visibility to passer-
by traffic and prevent cluttering of the streetscape.
(d) Nontwithstandina anvthina herein to the contrary. noncommercial COpy may be substituted
for commercial COpy on any lawful sian structure.
Comprehensive Sign and Mural Plans
A comprehensive sign plan shall be provided for the following:
(a) Business premises with (5) or more tenants on the premise and all multiple-story buildings
with (2) or more tenants in the building.
(b) dynamic display wall signs;
1
(c) large campuses consisting of buildings and land of ten or more acres, and
(d) shared signs.
(e) All developments approved as a planned unit development.
(f) Murals on business premises.
Such a plan, which shall include the location, size, height, color, lighting and orientation of all
signs and/or murals, shall be submitted for preliminary plan approval by the city. Exceptions to
the sign ordinance of this article may be permitted for sign areas, densities, and dynamic display
changeover rates for the plan as a whole if the signs are in conformity with the intent of this
article, results in an improved relationship between the various parts of the plan, and
encourages and promotes the removal of nonconforming signs through the use of shared signs.
In addition, murals must be tasteful, in keeping with the business premise and surrounding
properties, and not contain any defamatory, obscene, treasonous expressions or opinions,
including graffiti.
Comprehensive sign plans shall be reviewed by the community design review board. The
applicant, staff, and city council may appeal the community design review board's decision. An
appeal shall be presented to city staff within 15 days of the community design review board's
decision to be considered by the city council.
Definitions
Administrator. The director of community development or other person charged with the
administration and enforcement of this ordinance.
Advertising Balloon. Any inflatable temporary sign.
Alteration, Any major alteration to a sign, but shall not include routine maintenance, painting or
change of the sign face of an existing sign.
Awning. A covering attached on the facade of a building which projects typically over a door,
window, or sidewalk.
Awning Sign. A sign affixed flat to the surface of an awning which does not extend vertically or
horizontally beyond the limits of such awning.
Banner Sign. A temporary sign that is made of flexible material, contains a message, and is not
inflatable.
Billboard. A sign adjacent to a designated highway which advertises a product, event, person,
institution, activity, business, service or subject not located on the premises on which said sign
is located. This definition shall not include an off-site real estate sign
Changeable Copy Message Board. A sign or portion of a sign which is characterized by
interchangeable letters and figures. This definition shall not include electronic message boards.
Collector Streets. As defined in the city's comprehensive plan these are roadways designed to
carry traffic between the arterial system and the local system, convey intra-community traffic
2
between neighborhoods, business centers, industries, parks and the like, and provide direct
access to abutting properties.
Construction Sign. A temporary sign erected on the premises prior to or during construction,
indicating the names of the architects, engineers, landscape architects, contractors or similar
artisans, andlor the owners, financial supporters, sponsors, and similar individuals or firms
having a role or interest with respect to the structure or project.
Directional Information Sign. A sign, generally informational, that has a purpose secondary to
the use of the property upon which it is located, intended to facilitate the movement of
pedestrians and vehicles within the site and identify the location and nature of a building not
readily visible from the street.
District. The zoning districts as designated on an official map of the city and described in the
district regulations.
Dwelling Unit. Any structure or portion of a structure that is designated as short-term or long-
term living quarters, including motel units, hotel units, or cabins.
Dynamic display sign. Any sign designed for outdoor use that is capable of displaying a video
signal, including, but not limited to, cathode-ray tubes (CRT), light-emitting diode (LED)
displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in
commercially available televisions or computer monitors. Signs with this technology which are
placed by a public agency for the purpose of directing or regulating pedestrian or vehicle
movement are exempt from this ordinance.
Elee!roRic Message Board. A SigR with 3 fixed or chaAgiAg dfsfJlaj' message eompesod of a
series of e!ectiOAic i!,'um!nated sogments.
Flags. Any device generally made of flexible materials, such as cloth, and displayed on strings
containing distinctive colors, patterns, or symbols used as a symbol of gOYernment, political
subdivision, or other entity.
Flashing Sign. An illuminated sign which contains flashing lights or exhibits with noticeable
changes in light intensity.
Freestanding Sign. A sign that is attached to, erected on, or supported by an architecturally-
planned structure (such as a pole, mast, frame, or other structure) that is not itself an integral
part of or attached to a building or other structure whose principal function is something other
than the support of a sign. This definition includes pylon signs and monument signs.
Garage Sale Sign. A sign that advertises the sale of personal property from a person's home.
This definition includes, but is not limited to, yard-sale, craft, boutique and estate-sale signs.
Gas Station Canopy Sign. A sign affixed to the canopy of a gas station pump island which may
or may not be attached to the principal building.
Graffiti. Unauthorized markings of paint, dye, or other similar substance that have been placed
on real or personal property such as buildings, fences, transportation equipment, or other
structures, or the unauthorized etching or scratching of the surfaces of such real or personal
3
property, any of which markings, scratching, or etchings are visible from premises open to the
public.
Ground Grade. The elevation of the ground closest to the sign to which reference is made.
Illuminated Sign. A sign that is illuminated internally by a light source inside the sign or
externally by means of external light fixtures directed at the sign.
Local Streets. As defined in the city's comprehensive plan these are roadways that serve short
trips at low speeds.
Menu Board. An outdoor sign which lists available menu offerings for drive-through customers
at a retail establishment which includes a permitted drive-through component, for the purpose of
enabling customers to order from the menu and where the advertising or promotional
component of the sign is secondary.
Minor Arterial. As defined in the city's comprehensive plan these are roadways that connect
sub-regions that are the closest routes parallel to the principal arterials and supplement and
provide relief for traffic to the principal arterial.
Monument Sign. A sign not supported by exposed posts or poles located directly at the grade
where the width dimension of the architecturally designed base is 50 percent or more of the
greatest width of the sign face.
Multiple Tenant Building. A commercial building containing two (2) or more tenants.
Mural. A design, image, or expression on the exterior of a building, generally for the purpose of
decoration or artistic expression, including, but not limited to paintings, markings, and etchings
and does not include any on or off-site advertisement.
Noncommercial Opinion Signs. A sign that expresses an opinion or pointof view that does not
advertise any product, service, or business, or display a commercial message, excluding
political campaign signs.
Nonconforming Sign. A sign lawfully erected and maintained prior to the adoption of this
ordinance that does not conform to the requirements of this ordinance.
On-Site Real Estate Sign. A sign advertising the sale, lease, or rental of real estate upon which
the sign is located
Off-Site Directional and Open House Real Estate Sign. A sign located within the right-of-way
that advertises the sale, lease, or rental of real estate or the open house for such real estate
located off the premises where the sign is located.
Off-Site Real Estate Sign. A sign advertising the sale, lease, or rental of real estate for single or
multiple-family housing developments located off the premises where the sign is located.
Painted Wall Sign. A sign painted directly on the exterior wall of a building or structure,
excluding murals.
4
Principal Arterial. As defined in the city's comprehensive plan these are roadways designed to
carry the highest volume of traffic, allow the highest speeds, are for the longest trips, and
provide sub-regional, regional, and inter-community access.
Principal Use. The main purpose for which land, buildings, or structures are ordinarily used.
Professional Occupation Sign. A sign which contains no advertising but is limited to the name,
address, telephone number, and occupation of the person carrying on a permitted home
occupation out of any residential use.
Property Frontage. The property lines or lease lines at the front of a building in which the
business is located or the location of the main public entrance of the building.
Political Campaign Sign. A temporary sign promoting the candidacy of a person running for a
governmental office or promoting a position or an issue to be voted on at a governmental
election.
Portable Sign. A sign constructed to be movable from one location to another and not
permanently attached to the ground or to any immobile structure or any device whose primary
function during a specific time is to serve as a sign.
Public Service Sign. Any sign primarily intended to promote items of general interest to the
community. Time and temperature signs are considered a public service sign.
Project Sign. A temporary sign which identifies a proposed or new development.
Projecting Sign. A sign, other than a wall sign, which is supported and projects from more than
(18) inches at a right angle from the wall of a building.
Pylon Sign. A sign that is mounted on a narrow freestanding pole or other support structure so
that the bottom edge of the sign face is (6) feet above the architecturally designed base.
Residential Use Building. Any dwelling, boarding, lodging or rooming house, dormitory unit,
fraternity, or sorority house.
Roof Line. The uppermost line of the roof of a building or, in the case of an extended facade,
the uppermost height of said facade.
Roof Sign. A sign erected upon the roof of a building or extending above the roof line of the
building to which it is attached, and which is wholly or partially supported by said building.
Sign. Any structure, device, advertisement, advertising device, or visual representation
intended to advertise, identify, or communicate information and to attract the attention of the
public for any purpose. A sign includes any illuminated or non-illuminated symbol, letter, logo,
figure, illustration or form painted or otherwise affixed to a building or structure, excluding
murals. A sign also includes any beacon or searchlight intended to attract the attention of the
public for any purpose. For the purpose of removal, signs shall also include all sign structures.
Architectural lighting, such as neon that has no sign copy, shall not be considered to be a sign.
Sign Area. The entire area within a continuous perimeter enclosing the extreme limits of the
sign message and background. In the case of a sign designed with more than one exterior
5
surface, the area shall be computed as including only the maximum single display surface which
is visible from any ground position at one time. The supports, uprights, or structures in which
any sign is supported shall not be included in determining the sign area.
Sign Face. The surface of the sign including letters and background upon, against, or through
which the message is displayed or illustrated.
Sign Structure. The supports, braces, and framework of a sign.
Street Frontage. The linear frontage of a parcel of property abutting a street.
Special Event Sign. A temporary sign or display erected by a civic organization, religious
organization, or other non-profit organization or group for the purpose of identifying a non-
commercial, one-time, or annual special event.
Temporary Displays. Temporary displays or features that do not clearly fall into the definition of
a sign, but which direct attention to a product, place, activity, business, person, institution, or
organization Temporary displays include three-dimensional shapes, inflatable objects, search
lights, and other similar devices.
Temporary or Seasonal Sign. A sign for a specific advertisement purpose that is of a limited
duration and is not permanently attached to the ground or wall.
Time aF/EI Temperature Sign ,A. sigF/ that contains an eleetroF/is message soard portion that OF/ly
displays the time aF/EI temper:Jture.
'lifieo Board. 1'. 'Iideo soard is any ckJ'iice decigF/ed for outEloor use ':Ihich is CClpaslo of
Eli.splayiF/fj a '/ideo signal, insluEling, sut not limited to, cathoEle ray t-uses (CRTs), light emitting
Eliofie (LED) Elisphys, plasma Elisplays, liquid crystal displays (LCOs), other technologies useEl
in sommersially a~'ailable tfJlfNisions or sOmf)uter monitors.
Wall Sign. A flat sign which does not project more than eighteen (18) inches from the face or
wall of the building upon which it is attached, running parallel for its whole length to the face or
wall of the building, and which does not extend beyond the horizontal width of such building.
Window. A framework of wood or metal that contains a alass windowpane and is built into a
wall to admit liaht or air. Window as referred to in this ordinance does not include a solid alass
wall.
Window Sign. A sign painted on a window or placed inside the building to be viewed through
the glass by public. This does not include merchandise on display in a window, seasonal
displays of holiday pictures, decals, lights, and decorations that do not contain a commercial
message or signs which are legally required to be posted. What about the neon liahted beer
sians, or similar types of sians placed in a window as a more permanent fixture. and not painted
on a window?
Wall Surface of Building. The total horizontal surface area of the building face to which the sign
is attached, including windows and door areas, measured to the extreme outer limits of such
wall surface.
6
Sign Area and Height Computation
(a) Where the sign is a separate panel, structure, or other material forming a single display, the
area of the message display face shall constitute the area of the sign. The supports, uprights,
bases, or structures on which any sign is supported shall not count towards the sign area unless
the supports, uprights, bases, or structures are an integral part of the sign display.
(b) Where the sign is designed with more than (1) exterior sign face, the sign area shall be
computed as including only the maximum single display surface which is visible from any
ground position atone time.
(c) Where the sign consists of any combination of individual letters, panels, numbers, figures,
illustrations, or of a line or lines, to form a display or sign, the area of the sign shall be computed
using the outside dimensions of the various words, figures, and illustrations composing the
entire sign.
(d) The sign coverage area includes the area of the message display face and the frame,
background, and supports for a sign.
(e) The height of a sign shall be measured by the vertical distance from the ground grade to the
top of a sign.
Nonconforming Signs
(a) Nonconforming Permanent Signs. Nonconforming permanent signs lawfully existing on the
effective date of this ordinance shall be allowed to continue in use, but shall not be rebuilt,
relocated or altered, other than minor alterations including routine maintenance, painting, or
refacing the copy of sign, without being brought into compliance with this ordinance. After a
non-conforming sign has been removed, it shall not be replaced by another nonconforming sign.
(b) Nonconforming Temporary Signs. Nonconforming temporary signs existing on the effective
date of this ordinance shall be brought into compliance or removed within (60) days from the
effective date of the ordinance.
Enforcement Procedures
(a) Permanent Signs. The city shall send notice to the owner of any permanent sign in violation
of the provisions of this ordinance. The notice shall require that the owner correct all ordinance
violations. If the sign is not a safety hazard, the city shall allow (30) days for the owner to
correct the violation. If the sign is a safety hazard the city shall take immediate action to end the
hazard.
(b) Temporary Signs. The city shall send notice to the owner of all other illegal temporary signs
and allow (7) days for the owner to correct all ordinance violations or remove the sign.
(c) Removal of Signs. If the sign owner does not obey the city's orders, the city may remove or
alter the sign at the owner's expense under the procedures of section 18-37. The city may
remove illegal signs on a street right-of-way without notice. If the city removes a sign the city
may sell or dispose of it if the owner does not reclaim the sign and pay any removal costs within
(30) days of the sign's removal.
7
Prohibited Signs
(a) Signs or sign structures attached or supported on balconies, fences, or other non-
permanent structures.
(b) Signs attached or supported on a permanently parked vehicle or semi-trailers intended to
advertise a business, product, or service. Not including signs painted directly on a parked
vehicle or semi-trailer used in the business or facility or on site for business purposes.
(c) Signs on rocks, trees, or other natural features or public utility poles.
(d) Permanent or temporary signs that have blinking, flashing, fluttering lights, make noise, or
change in brightness or color including, but not limited to, electronic message board signs,
flashing signs, and vidaa soa;d sigRs as defined in this ordinance; aXGefit for aieelmnie
message sea;ds that dispiay only limo and lompo.rall/;e 0; simi.la; puMe sONiee messages
aGGo;ding 10 the rOE/loJiremonls spocificaHy ouWned in Ihis erdif/aRGo.
(e) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or
opening intended to provide ingress or egress for any building structures.
(f) Signs that by reason of location, color, or intensity create a hazard to the safe, efficient
movement of vehicles or pedestrian traffic. No private sign shall contain words which might be
construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is
intended to direct traffic on the premises.
(g) Painted wall signs.
(h) Roof signs.
(I) Signs that advertise a product or service not sold on the property, except for billboards or
other off-site signs where specifically permitted in this ordinance.
0) Signs having features or incorporating parts of any sign prohibited in this ordinance.
Signs Exempt from Regulations in this Ordinance
(a) Any public notice or warning sign required to be maintained or posted by law or
governmental order, rule, or regulation.
(b) Flags and emblems of a political, civic, religious, or other non-commercial nature. Flags
that do not meet these requirements will be considered banners and be regulated as such.
(c) Any sign inside a building, not attached to an exterior window, that is not legible from a
distance of more than (10) feet.
(d) Traffic control signs, as defined by state law.
(e) Memorial plaques, cornerstones, historical tablets, and the like.
(f) Seasonal displays of holiday lights and decorations that do not contain a commercial
message.
8
Sign Permits
If a sign requires a permit the property owner shall secure the sign permit prior to the
construction or major alteration of such a sign. No sign permit of any kind shall be issued for an
existing or proposed sign unless such sign is in compliance with the requirements of this
ordinance.
(a) Application
The application for permission to erect or alter any such sign shall be in writing, using a current
Sign Permit Application, and signed by the owner or occupant of the building. The application
shall specify the location, height, dimensions of the sign and, where applicable, the dimensions
of the wall surface of the building to which it is to be attached and total square footage of the
building. Applications shall be accompanied by a sketch of the sign and any other facts the city
requires for full information of the nature and safety of the proposal. An electrical permit is also
required for all signs containing electrical wiring.
(b) Appeals
When a permit under this ordinance is denied, the administrator shall give notice to the
applicant within (30) days of denial, together with reasons for denial. Appeals from the
decisions of the administrator under the provisions of this ordinance shall be made to the city
council. Denial shall be based on noncompliance with this ordinance.
(c) Fees
The city council shall set all sign permit fees annually.
(d) Time Limits
(1) A sign permit shall become null and void if the work for which the permit was issued has
not been completed within one year of the issuance or renewal.
(2) All permits for the erection or alteration of signs shall be issued for the useful life of the
sign. Minor alterations to an existing sign including routine maintenance, painting, or
refacing the copy do not require a new sign permit.
General Regulations and Standards
All signs shall be constructed in a manner and of such materials that they shall be safe and
substantial and in compliance with the building ordinance. In addition, all signs containing
electrical wiring shall be subject to the provisions of the current state electrical ordinance.
(a) Maintenance
All signs in the city, together with all of their supports, braces, and anchors, shall be kept in
repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly
painted or posted at all times. Every sign and the immediate surrounding premises shall be
maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive
condition, and free and clear of all obnoxious substances, rubbish, and weeds.
9
(b) Attachment to Buildings
All signs attached to a building shall not obstruct any fire escape, exit, standpipe, or any window
required for light or ventilation. The signs shall be placed flat against the building and project no
further than (18) inches from the building except where specifically allowed in this ordinance.
(c) Freestanding Sign Placement
All signs not attached to any building or structure shall maintain at least a (10) foot setback from
any lot line and shall not be placed in a street right-of-way unless specifically stated otherwise in
this ordinance. No such sign shall project over a property line or a public right-of-way, except
where allowed in this ordinance, and all required clearances from overhead power and service
lines must be maintained. Signs placed near the corner of two intersecting streets shall comply
with clear sight triangle requirements in section 32-246.
(d) Illumination
All illuminated signs must be in compliance with the city's outdoor lighting requirements in
section 44-20. In addition, illumination for all signs shall be constant and steady. See also item
under prohibited signs.
Special Purpose and Temporary Signs Permitted in All Zoning Districts
All signs listed below do not require a sign permit and shall not count towards the building or
property maximum signage allowed unless otherwise noted:
(a) Construction Signs
One construction sign is permitted just prior to or during construction of a development. Each
construction sign shall not exceed a ratio of (1) square foot of sign area for each (1,000) square
feet of lot area. In no case shall the area of the sign exceed (64) square feet and (10) feet in
height. The sign shall be removed after major construction has finished.
(b) Directional Information Signs
On-site directional information signs not exceeding (6) square feet and (6) feet in height are
permitted for all types of property except single and double-dwelling lots.
(c) Garage Sale Signs
Garage sale signs not exceeding (3) square feet and (3) feet in height are permitted on private
property or in the public right-of-way. No part of such sign shall be closer than (5) feet to the
street pavement or (1) foot to a sidewalk or trail. Said sign shall not be located between the
street and a sidewalk or trail. Signs in the public right-of-way at an intersection are limited to (1)
garage sale sign per corner at each intersection, with a maximum of (4) separate garage sale
signs intersection. All signs shall display the actual dates of the sale and may be erected (1)
day prior to the sale and must be removed within (1) day after the sale.
10
(d) Menu Boards
Menu boards shall not exceed sixty-four (64) square feet and (6) feet in height. Menu boards
shall not be located as to impair the vision of the driver of a vehicle traveling into, out of, or
through the drive through isle.
(e) No Trespassing Signs
Signs not exceeding (9) square feet, located upon private property, and directed towards the
prevention of trespassing.
(f) On-Site Real Estate Signs
(1) For single and double dwelling lots, (1) on-site real estate sign not exceeding (9) square
feet is permitted for each street upon which the property has frontage.
(2) For all other types of property, (1) on-site real estate sign is permitted for each street
upon which the property has frontage. Each sign shall not exceed a ratio of (1) square foot
of sign area for each (1,000) square feet of lot area. In no case shall the area of anyone
sign exceed (64) square feet or (10) feet in height.
(3) All real estate signs shall pertain to the sale, lease, or rental of the property only and
must be removed within (7) calendar days of the close of the property or when 90 percent or
more of the dwelling units on the property have been sold, leased, or rented.
(g) Off-Site Directional or Open House Real Estate Signs
Off-site directional or open house real estate signs not exceeding (3) square feet and (3) feet in
height may be placed on the public right-of-way. No part of such sign shall be closer than (5)
feet to the street pavement or (1) foot to a sidewalk or trail. Said sign shall not be placed
between the street and a sidewalk or trail. Signs are limited to (1) real estate listing and (1)
open house sign per corner at each intersection, with a maximum of (4) separate real estate
listings and (4) separate open house signs per intersection.. Off-site directional signs may be
placed in the right-of-way for (30) days per real estate listing and open house real estate signs
may be placed in the right-of-way on the day of the open house only.
How will the citv enforce the ordinance if there are five or more siems at an intersection. how will
we know which one to remove? Consider requlatinq these siqns usinq a time frame rather than
a quantitv.
(h) Off-Site Real Estate Signs
Off-site real estate signs exceeding (3) square feet may be placed on private property. Such
signs require a permit, shall not be located in the right-of-way, and the sign owner/installer must
supply written permission to the city from the property owner on which property the sign is
installed. Each development is limited to one such sign. The maximum area of any such sign
shall be (64) square feet and the maximum height shall be (6) feet. The sign must be removed
when at least 90 percent of the dwelling units approved by the city have been sold or rented.
11
(i) Noncommercial Opinion Signs
(1) For residential uses, one sign that expresses an opinion or a viewpoint of a non-
commercial nature is allowed per property. The noncommercial opinion sign shall not be
illuminated or exceed (32) square feet iand (6) feet in height. For multiple-unit
developments, the sign must be attached to the dwelling unit or placed in a location that
clearly indicates ownership and does not represent the opinions of other residents in the
area who have not agreed to the sign.
(2) For all other types of property, the signs allowed by this ordinance may contain opinion
messages but shall not exceed (64) square feet in total area.
Opinion vs. political siqns - Ordinance allows one winion siqn UP to 32 square feet per
residential property and UP to 64 square feet per commercial property. Political campaiqn siqns
for local elections are limited to 16 square feet. We should have more consistency so that all
similar types of siqns (i.e.. opinion and political siqns) have the same size requirements.
U) Political Campaign Signs
(1) For local regular elections and referendums, political campaign signs may be posted
from August 1 until ten (10) days following said election or referendum.
(2) For local special elections and referendums, political campaign signs may be posted
from date of filing until ten (10) days following said special election or referendum.
(3) Unsuccessful primary candidates must remove their siqns within one week after any
qiven primary.
(4) Political campaign signs shall not exceed sixteen (16) square feet and six (6) feet in
height.
(5) The number of political campaign signs on one property during an election season is
limited to one (1) per candidate and one (1) per opinion/ballot issue.
(6) All political campaign signs shall be setback at least five (5) feet from the edge of the
nearest street and at least one (1) foot from any sidewalk or trail. Said signs shall not be
placed between a street and a sidewalk or trail or at any other location that obstructs driver
or pedestrian visibility. The consent of the underlying property owner, if the underlying land
is a public right-of-way, or the property owner fronting the proposed location, must be
obtained before placement of such sign. In addition, political campaign signs are prohibited
on obviously public property and utility poles.
(7) In a state general election year, the size, number, and duration of political campaign
sign displays shall comply with the provisions of Minnesota Statute 211.B.045, and nothing
in this ordinance shall be construed as applicable except location restrictions.
(k) Project Signs
One project sign is permitted per property just prior to or during construction. Each project sign
shall not exceed a ratio of (1) square foot of sign area for each (1,000) square feet of lot area.
In no case shall the area of the sign exceed (64) square feet and (10) feet in height. The sign
12
shall be removed after major construction has finished. Project signs may be utilized to
advertise property for lease or sale just prior to construction, but must be used in lieu of a
separate real estate sign.
(I) Temporary Signs and Displays Under (12) Square Feet
One (1) non-illuminated temporary sign or display under (12) square feet is allowed per property
(except for single and double dwelling properties) for a period not to exceed (30) days total per
sign. For commercial buildings with multiple occupants, each separate tenant is permitted (1)
such sign. No more than (3) temporary signs under (12) square feet shall be allowed at a
property at anyone time.
Siqns in Park Desiqnated Property
(a) Temporary sports facilitv sponsorship siems subiect to the followina reauired standards:
(1) The Map/ewood Recreation Department will reaulate all temporary sponsorship sians.
(2) Sponsorships collected for such sians will be used to help fund recreational facilities
within the park in which they are installed.
(3) Sians can be placed at baseball and softball fields. and shall be located on the outfield
fences or the scoreboard. or both. Such sian shall be oriented toward the field of p/av. with
a maximum of sians per outfield fence and sians per scoreboard.
(4) Sians can be placed at hockey rinks. and shall be located on the interior sides of the
hockey boards. with maximum of siGns per hockey rink.
(5) Sians shall not exceed
sauare feet per sian.
(6) Sians are allowed to be installed for a duration of one year.
(7) Each sian shall provide identifvina information for the sponsor such as name. address.
telephone number. or loao: any product advertisina shall be incidental and secondary to
sponsor identification.
(8) Such sians shall not be illuminated except bv the reaular sports facilitv liahtina durina
hours of use.
(9) Such sians shall be maintained in aood condition.
(b) Park identification sians subiect to the followina reauired standards:
(1) Wall Sians. One park or park buildina identification wall sian UP to (24) sauare feet shall
be allowed for each park buildina. The sian may be affixed to the wall of the buildina or an
overhanaina canopy or awnina.
(2) Monument Sians. One park identification monument sian per street frontaae UP to (32)
sauare feet shall be allowed to identify each park. Said siGn shall be a maximum of (6) feet
in heiaht. The siGn shall be desianed to be architecturallv compatible with the park
13
structures and buildinas with the base of the sian consistina of colors and materials
compatible to the structures or buildinas.
(3) Special Event Banners. Special event banners mav be disp/aved for in parks for special
events sponsored or approved bv the citv. No more than (3) banners mav be disp/aved per
park at anv one time. Each banner shall not exceed (32) sauare feet and can be disp/aved
from (1) week prior to the special event and removed within (1) dav of the special event.
Banners shall be desianed to be professionallookina and prevented from becomina tom or
weathered.
Signs in Residential Zoning Districts (Districts R-1, R-1R, R-S, R-E, R-2, AND R-3)
All signs require a sign permit unless otherwise noted.
(a) Professional Occupation Signs
One professional occupation sign of not more than (2) square feet for a residence with a
permitted home occupation shall be allowed without a sign permit.
This should be one wall sian per street frontaae. This should include churches, schools.
libraries. communitv centers or other institutions - or anv use allowed in residential.
(b) Wall Signs
One wall sign up to (24) square feet shall be allowed for residential subdivisions and multiple-
unit developments and for all legal non-residential uses excluding home occupation businesses.
The sign may be affixed to the wall of the main building or an overhanging canopy or awning.
(c) Monument Signs
One monument sign up to (32) square feet shall be allowed by sign permit for residential
subdivisions and multiple-unit developments and for all legal non-residential uses excluding
home occupation businesses. Said sign shall be a maximum of (6) feet in height. The sign
shall be designed to be architecturally compatible with the building or project with the base of
the sign consisting of colors and materials compatible to the building or project. The area
around the base of the sign shall also be landscaped.
(d) Changeable Copy Message Boards
Changeable copy message boards are permitted as part of a permanent freestanding
monument sign or wall sign for all legal non-residential uses excluding home occupation
businesses. The message board shall not comprise more than 50 percent of the total square
footage of said sign.
(e) Temporary Banners
Temporary banners may be displayed without a permit for residential subdivisions and multiple-
unit developments and for all legal non-residential uses excluding home occupation businesses
for a period not to exceed (60) days total per year, per property. No more than (1) banner may
be displayed per property at anyone time. Each banner shall not exceed (32) square feet and
14
must be attached to a building or other permanent structure. Banners shall be designed to be
professional looking and prevented from becoming torn or weathered.
(f) Temporary Signs and Displays Over (12) square feet
One temporary sign or display over (12) square feet is permitted by sign permit for up to (30)
days per year, per property. However, the permit fee shall not be charged for temporary signs
and displays erected by civic organizations, religious organizations, or other non-profit
organizations or groups for the purpose of identifying a non-commercial, one-time, or annual
special event. In no case shall the area of the sign exceed (32) square feet or the height of the
sign exceed (8) square feet. The time period may be extended to (60) days during the first year
of operation of a new business and (90) days for a temporary seasonal business. The city shall
consider a sign displayed for part of a day as having been up for an entire day.
Signs In the LBC (Limited Business Commercial), CO (Commercial Office), and NC
(Neighborhood Commercial) Zoning Districts
All signs require a sign permit unless otherwise noted.
(a) Professional Occupation Signs
One professional occupation sign of not more than (2) square feet for a residence with a
permitted home occupation shall be allowed without a sign permit.
(b) Wall Signs
(1) For each occupant of a building, (1) wall sign is allowed for each street upon which the
property has frontage. The total number of wall signs may be increased by (1) for each
clearly differentiated department of a business or enterprise.
(2) The total area of any (1) wall sign shall not cover more than 20 percent of the wall
surface to which the sign is attached or (32) square feet, whichever is greater. As an
alternative, a wall sign may be placed on an overhanging awning or canopy as long as the
wall sign does not exceed 50 percent of the face of the awning or canopy, or (32) square
feet, whichever is less.
(3) For multiple tenant buildings, the wall surface for each tenant or user shall include only
the surface area of the exterior facade of the premises occupied by such tenant or user.
(c) Freestanding Signs
One freestanding sign up to (64) square feet and (10) feet in height is permitted for each street
upon which the building has frontage. For buildings with multiple street frontages, each
additional freestanding sign must be located on a different street and each said sign must be
separated by more than (100) feet measured in a straight line between the signs. The sign shall
be designed to be architecturally compatible with the building or project with the base of the sign
consisting of colors and materials compatible to the building or project. The area around the
base of the sign shall also be landscaped including the bottom of a pylon sign.
15
(d) Changeable Copy Message Boards
Changeable copy message boards are permitted as part of a permanent freestanding sign or
wall sign but are limited to comprising no more than 70 percent of the total square footage of
said sign.
(e) Temporary Banners
(1) For single tenant buildings, temporary banners may be displayed without a sign permit
for a period not to exceed (60) days total per year, per property. No more than (1) banner
may be displayed per property at anyone time, except for multiple-tenant buildings (see
below).
(2) For multiple tenant buildings, each separate tenant may display temporary banners
without a sign permit for a period not to exceed (60) days total per year, per property. No
more than (1) banner may be displayed per separate tenant at anyone time.
(3) Each banner shall not exceed (32) square feet and must be attached to a building or
other permanent structure. Banners shall be designed to be professional looking and
prevented from becoming torn or weathered.
(f) Temporary Window Signs
Temporary window signs are allowed without a permit for a period not to exceed (30) days total
per sign, per year. Temporary window signs shall be neatly painted or attached to the surface
of a window, but shall cover no more than 30 percent of the total area of the window or a
maximum of 32 sauare feet, whichever is areater.
The proposal to limit the coveraae to 30% of the window area and allow them for onlv 30 davs a
vear will be hard to enforce.
(g) Temporary Signs and Displays Over (12) Square Feet
One temporary sign or display over (12) square feet is permitted for up to 30 days per year, per
business. However, the permit fee shall not be charged for temporary signs and displays
erected by civic organizations, religious organizations, or other non-profit organizations or
groups for the purpose of identifying a non-commercial, one-time, or annual special event. In no
case shall more than one temporary sign or display be displayed per property at anyone time.
The sign or display shall not exceed (32) square feet or (8) feet in height. The time period may
be extended to (60) days during the first year of operation of a new business and (90) days for a
temporary seasonal business. The city shall consider a sign displayed for part of a day as
having been up for an entire day.
Signs in the BC (Business Commercial), BC-M (Business Commercial Modified), M-1
(Light Manufacturing), and M-2 (Heavy Manufacturing) Zoning Districts
All signs require a permit unless otherwise noted.
(a) Professional Occupation Signs
16
One professional occupation sign of not more than (2) square feet for a residence with a
permitted home occupation shall be allowed without a sign permit.
(b) Wall Signs
(1) For each occupant of a building, one wall sign is allowed for each street upon which the
property has frontage. The total number of wall signs may be increased by one for each
clearly differentiated department of a business or enterprise.
(2) The total size of all wall signage for single-tenant buildings is determined by the gross
square footage of the principal structure on the property. The total coverage area of each
wall sign, including each differentiated business, shall be based on the wall surface to which
the sign is attached.
(3) The following table indicates maximum signage permitted for single-tenant buildings:
Principal Structure Gross Maximum Size and Coverage
Square Feet of Floor Area Area of Each Sign
Less than 10,000 sq. ft 80 sq. ft. or 20% of wall face,
whichever is less
10,000 to 20,000 sq. ft. 100 sq. ft. or 20% of wall face,
whichever is less
20,000 to 100,000 sq. ft. 150 sq. ft. or 15% of wall face,
whichever is less
Greater than 100,000 sq. ft. 200 sq. ft. or 10% of wall face,
whichever is less
(4) The total coverage area of each wall sign for multiple-tenant buildings is (10) percent of
the surface area of the exterior fagade of the premises occupied by such tenant, or 32
square feet, whichever is more.
(5) A wall sign may be attached to an overhanging awning or canopy, instead of the fagade
of the building, as long as the wall sign does not exceed 50 percent of the face of the
awning or canopy, or the maximum size specified above, whichever is less.
(c) Gas Station Canopies
Gas stations are allowed (1) additional wall sign that may be attached to the fagade of the
building or the overhanging canopy above the pump island. The wall sign on the canopy shall
not exceed 50 percent of the face of the canopy, or the maximum size specified above,
whichever is less.
(d) Freestanding Signs
(1) One freestanding sign is permitted for each street upon which the property has frontage.
For properties with multiple street frontages, each additional freestanding sign must be
located on a different street and each sign must be separated by more than (100) feet
measured in a straight line between signs, excluding auto dealerships.
17
(2) The total size and maximum height of each freestanding sign is determined by the street
classification of the closest street to which each freestanding sign is located. In the case of
signs located at an intersection, the higher ranking street classification should be used to
determine the maximum height and size allowable fora freestanding sign. Businesses that
are located on a frontage road designed to provide safe access to minor arterials and
principal arterials shall be permitted to erect a freestanding sign up to the determined
maximum height and size allowable for a freestanding sign on said minor arterial or principal
arterial road to which it is adjacent.
(3) The following table lists the maximum size and heights permitted for freestanding signs:
Classification of Street Maximum Sign Maximum Height of Maximum Height of
Abutting Property Size (sq. ft.) Pylon Sign (feet) Monument Sign (feet)
Principal Arterial 180 25 12
Minor Arterial 140 20 12
Collector Street 100 15 10
Local Street 80 12 10
(4) The freestanding sign shall be designed to be architecturally compatible with the
building or project, with the base of the sign, including pylon sign poles, consisting of
materials and colors compatible to the building or project. The area around the base of the
sign shall also be landscaped.
(e) Changeable Copy Message Boards
Changeable copy message boards are permitted as part of a permanent freestanding sign or
wall sign but are limited to comprising no more than 70 percent of the total square footage of
said sign.
Boctmnie Mossago Boa,eds
Elestrenia messalJe fJo3rds as clorined (pLlelie sfi.n/iefi signs) am permitted as part ef a
permanent rreest-aneing sign Dr w-all sign, f)ro'/iood that, thfi sign comprisf'Js no mere thaA e()
perceAt of the t-elal sflLlarfi root-alJfi of said sign. No suah SigA sonlainiAg an filestroAis messago
e03rd sha!! eo oroetod s/oSf'Jr thelFl (7e) foet from aAY rosiooRtial laRd use distriat oRI'/hieh thorfi
exists strLlctums usod for r-esiooRtial pLlrposos.
(f) Auto Dealerships
Auto dealerships may have one freestanding sign identifying the dealership, plus one
freestanding sign advertising each car franchise. The maximum sign area and height for the
freestanding signs shall be determined by the classification of the abutting roads, as specified
above. More than one freestanding sign may be allowed per street frontage provided said signs
are separated by more than (150) feet measured in a straight line between the signs.
18
(g) Billboards
(1) Off-premise billboards shall only be permitted with a conditional use permit and may
only be located adjacent to a principal arterial street in the SC (shopping center), BC
(business commercial), M-1 (light manufacturing), and M-2 (heavy manufacturing) districts.
(2) Spacing. No billboard sign shall be located within (2,300) feet to another billboard on
the same side of the street, within (100) feet to a commercial, industrial, institutional
building, or an on-premises sign, and within (250) feet to a residential district or (800) feet to
a residence. Billboards shall maintain a setback of (50) feet from any property line, (500)
feet to a local park, and (300) feet from the nearest intersecting street corner of two public
roads.
(3) Size. The maximum area of the sign face of a billboard shall not exceed (450) square
feet, including border and trim, but excluding base, apron supports, and other structural
members. The said maximum size limitation shall apply to each side of a sign structure.
Signs may be placed back-to-back or in a V-type arrangement if there are no more than (2)
sign faces, provided that the open end separation shall not exceed (15) feet. A billboard
may only display one message at a time on any sign face. The maximum height for
billboards shall be (35) feet.
(h) Temporary Banners
(1) For single tenant buildings, temporary banners may be displayed without a sign permit
for a period not to exceed (60) days total per year, per property. No more than (1) banner
may be displayed per property at anyone time, except for multiple-tenant buildings (see
below).
(2) For multiple tenant buildings, each separate tenant may display temporary banners
without a sign permit for a period not to exceed (60) days total per year, per property. No
more than (1) banner may be displayed per separate tenant at anyone time.
(3) Each banner shall not exceed (64) square feet and. must be attached to a building or
other permanent structure. Banners shall be designed to be professional looking and
prevented from becoming torn or weathered.
(i) Temporary Window Signs
Temporary window signs are allowed without a permit for a period not to exceed (30) days total
per sign, per year. Temporary window signs shall be neatly painted or attached to the surface
of a window, but shall cover no more than 30 percent of the total area of the window or a
maximum of 32 sauare feet, whichever is areater.
The orooosal to limit the coveraae to 30% of the window area and allow them for onlv 30 davs a
vear will be hard to enforce.
0) Temporary Signs and Displays Over (12) Square Feet
One temporary sign or display over (12) square feet is permitted for up to 30 days per year, per
business each calendar year by sign permit. However, the permit fee shall not be charged for
temporary signs and displays erected by civic organizations, religious organizations, or other
19
non-profit organizations or groups for the purpose of identifying a non-commercial one-time or
annual special event. The time period may be extended to (60) days during the first year of
operation of a new business and (90) days for a temporary seasonal business. The city shall
consider a sign displayed for part of a day as having been up for an entire day. In no case shall
more than one temporary sign or display be displayed per property at anyone time. The sign or
display shall not exceed (64) square feet or (8) feet in height.
Signs In the Mixed-Use (M-U) Zoning District
(a) Sign Review
The community design review board shall review all signage on new buildings or developments
to ensure that the signs meet mixed-use sign requirements and are architecturally compatible
with the new building or development. In addition, the community design review board shall
review all comprehensive sign plans as required in section (comprehensive sign plan).
All signage on mixed-use buildings or developments (buildings or developments previously
approved and built with mixed-use design standards) shall be reviewed by the director of
community development and shall be done in a manner that is compatible with the original
scale, massing, detailing and materials of the original building. All signage on non-mixed-use
buildings or developments (buildings or developments not built with mixed-use design
standards) shall be reviewed by the director of community development and shall comply with
the mixed-use sign requirements, unless classified as a pre-existing nonconforming sign in
which case it shall comply with section 44-12 (nonconforming buildings or uses).
(b) Projecting Signs
Projecting signs are allowed as part of the overall signage. Projecting signs may not extend
more than four (4) feet over a public right-of-way and a private road or sidewalk, and must not
project out further than the sign's height.
(c) Overall Wall Signs
Allowable area of overall wall and projecting signage for each establishment is one and one-half
(1 )1,) square feet of signage per lineal foot of building or frontage on a road, public open space
or private parking area, or thirty (32) square feet, whichever is greater. Each wall shall be
calculated individually and sign area may not be transferred to another side of the building.
Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the
building as long as they do not exceed the requirements above. Wall and projecting signs shall
not cover windows or architectural trim and detail.
(d) Freestanding Signs
One (1) freestanding sign for each establishment is allowed if the building is set back at least
twenty (20) feet or more from the front property line. Freestanding signs must meet the
following requirements:
(1) Limited to six (6) feet in height and forty (40) square feet.
(2) Maintain a five-foot (5') setback from any side or rear property line, but can be
constructed up to the front property line.
20
(3) Must consist of a base constructed of materials and design features similar to those of
the front fa<;:ade of the building or development.
(4) Must be landscaped with flowers or shrubbery.
(e) Prohibited Signs in the M-U Zoning District
(1) Signs or sign structures attached or supported on balconies, fences, or other non-
permanent structures.
(2) Signs attached or supported on a permanently parked vehicle or semi-trailers intended
to advertise a business, product, or service. Not including signs painted directly on a parked
vehicle or semi-trailer used in the business or facility or on site for business purposes.
(3) Signs on rocks, trees, or other natural features or public utility poles.
(4) Signs that have blinking, flashing, fluttering lights, make noise, or change in brightness
or color except for electronic message boards that display only time and temperature or
similar public service messages according to the requirements specifically outlined in this
ordinance.
(5) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or
opening intended to provide ingress or egress for any building structures.
(6) Signs that by reason of location, color, or intensity create a hazard to the safe, efficient
movement of vehicles or pedestrian traffic. No private sign shall contain words which might
be construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is
intended to direct traffic on the premises.
(7) Painted wall signs.
(8) Roof signs.
(9) Signs that advertise a product or service not sold On the property, except for billboards
or other off-site signs where specifically permitted in this ordinance.
(10) Signs having features or incorporating parts of any sign prohibited in this ordinance.
(11) Electronic message boards and Dynamic display siqns or changeable copy message
boards, except for changeable copy message boards that display gas prices at minor motor
vehicle fuel stations.
Dynamic Display Signs
(a) Findings. Studies show that there is a correlation between dynamic displays on signs and
the distraction of highway drivers. Distraction of drivers 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. In such a case, drivers may watch a sign waiting for the next change to
occur. Drivers also are 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.
21
Additionally, drivers could be 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.
Due to these public safety concerns, the city should only allow the use of these technologies
with certain restrictions. The restrictions are intended to minimize driver distraction, to minimize
their proliferation in residential districts where signs can adversely impact residential character,
and to protect the public health, safety, and welfare.
Local spacing requirements could interfere with the equal opportunity of sign owners 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 subjected to a view that appears to have
constant movement. This impact on drivers would be compounded in a traffic 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, requiring a limit on display times on dynamic signs
is in the public interest.
A constant message is typically needed on an on-site 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, all of which could result in traffic accidents.
In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off and
on-site signs but with significant controls to minimize their proliferation and their potential threats
to public health, safety, and welfare.
(b) Noncommercial dynamic display signs are allowed wherever commercial dynamic display
signs are permitted and are subject to the same standards and total maximum allowances per
site or building of each sign type specified in this ordinance..
(c) Standards for all dynamic display signs:
(1)The images and messages displayed on the sign must be complete in themselves,
without continuation in content to the next image or message or to any other sign;
(2) 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.
(3) 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
discontinue the display if it malfunctions, and the sign owner must stop the dynamic display
within one hour of being notified by the city that it is not meeting the standards of this
ordinance.
22
(4) Dynamic display signs must meet the brightness standards contained in subdivision (g)
below.
(d) On-site dynamic display signs are allowed subject to /\rticle III (Sign Regulations) of the
city's zoning ordinance, the above mentioned standards for all dynamic display signs, and tho
following additional conditions:
(1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M-2 and M-1)
zoning districts only.
(2) The images and messages displayed on the on-site dynamic display sign must be
static and each display must be maintained for a minimum of two minutes; and the
transition from one static display to another must be instantaneous without any special
effects.
(3) Are allowed as part of a permanent freestanding sign, provided that the sign comprises
no more than 50 percent of the total square footage of said sign face.
(4) Must be located at least 200 feet from any property which there exists structures used
for residential purposes or from any park or open space land use district.
(5) Must be located at least 100 feet from any side property line.
(6) Display and advertisement of products, events, persons, institutions, activities,
businesses, services, or subjects which are located on the premises only or which give
public service information.
(e) Off-site dynamic display signs are allowed subject to sections 448Je 41 841
(Billboards) of the city's zoning ordinance, the above-mentioned standards for all dynamic
display signs, and the following additional condition:
The images and messages displayed on the sign must be static and each display must
be maintained for a minimum of 15 seconds and the. transition from one static display to
another must be instantaneous without any special effects.
(f) Incentive. Off-site signs do not need to serve the same way-finding function as do on-site
signs and they are distracting and their removal serves the public health, safety, and welfare.
This clause is intended to provide an incentive option for the voluntary and uncompensated
removal of off-site signs in certain settings. This sign removal results in an overall advancement
of one or more of the goals set forth in this that should more than offset any additional burden
caused by the incentive. These provisions are also based on the recognition that the incentive
creates an opportunity to consolidate outdoor advertising services that would otherwise remain
distributed throughout Maplewood.
(g) Reduction of Sign Surfaces
(1) A person or sign operator may obtain a permit for a dynamic display sign on one surface
of an existing off-site sign if the following requirements are met:
a) The applicant agrees in writing to reduce its off-site sign surfaces by one by
permanently removing, within 15 days after issuance of the permit, one surface of an off-
23
site sign in the city that is owned or leased by the applicant, which sign surface must
satisfy the criteria of part (2) 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
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-
site sign with a dynamic display sign does not constitute a removal of a sign surface.
b) If the removed sign surface is one that a state permit is required by state law, the
applicant must surrender 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
the sign owner or operator provides proof to the city that the state permit has been
surrendered.
(2) If the applicant meets the permit requirements noted above, the city shall issue a
dynamic display sign permit for the designated off-site 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 15 seconds. The designated sign must meet all other
requirements of this ordinance.
(h) Brightness Standards.
(1) The following brightness standards are required for all dynamic display signs:
a) No sign shall be brighter than is necessary for clear and adequate visibility.
b) No sign shall 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 within
one hour upon notice of non-compliance from the city.
(3) All dynamic display signs installed after August 20, 2008, 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 turn off the display or
lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or
lighting within one hour after being notified by the city that it is not meeting the standards of
this ordinance.
(4) In addition to the brightness standards required above, dynamic display signs shall meet
the city's outdoor lighting requirements (section 44-20(1)).
24
(i) Public Safety. If city staff determines that a dynamic display sign is not being operated
pursuant to this ordinance due to its location or display capabilities, city staff can require that the
sign be moved, removed, or modified after notice to the property owner.
U) Licensing. No person shall operate an off-site or on-site dynamic display sign in the city
without first obtaining a yearly license as defined in the city licensing ordinance.
Dynamic Display Licensing (This Section Is Located within the City's Licensing
Ordinance)
Adopt an off-site and on-site dynamic display sign licensing ordinance to be included in the city
licensing ordinance (Article II, Section 14-26 through Section 14-1437) as follows:
a. Purpose and Findings. The purpose and intent of this ordinance is to establish
rules, regulations and standards for dynamic display signs within the City of
Maplewood.
b. Definitions. The following words and terms, when used in this ordinance, shall
have the following meanings unless the context clearly indicates otherwise:
Dynamic display sign means any sign designed for outdoor use that is capable of
displaying a video signal, including, but not limited to, cathode-ray tubes (CRT),
light-emitting diode (LED) displays, plasma displays, liquid-crystal displays
(LCD), or other technologies used in commercially available televisions or
computer monitors. Signs with this technology which are placed by a public
agency for the purpose of directing or regulating pedestrian or vehicle movement
used are exempt from this ordinance.
'State law references - The 1965 Highway Beautification Act and corresponding
state laws are in place to provide for effective control of outdoor advertisement.
Roadside billboards fall under this category. It is the intent that the cities
regulations adhere to these overriding federal and state statutes.
c. License Required. No person shall operate an off-site or on-site dynamic display
sign in the city without first obtaining a license. Licenses are required to be
reviewed annually.
d. License Fee and Term of License. Licenses issued pursuant to this ordinance
are transferable from one owner to another. The amount to be paid for a license
required by this ordinance shall be equal to the cost of the dynamic display sign
permit, established and fixed by the city council, by resolution, from time to time.
e. Application for Issuance of License. Applications for a license required by this
ordinance shall be made to the city on a form supplied by the city, a minimum of
thirty (30) days prior to the desired start date. The applicant shall state the full
name and address of the applicant; the full business name and address of the
applicant; contact phone numbers; the location/legal description of the premises
where said dynamic billboard will be located; a letter describing operation; a site
plan showing location of the dynamic display sign, and such other information as
required by the applicant form.
25
f. Application Process. The completed application shall be presented to the city
clerk for review by the community development department. If the community
development department finds the license meets the dynamic display sign
ordinance requirements, the city clerk shall issue a license.
g. Inspection. The premises of any licensee under this ordinance shall be open to
inspection at any time during business hours by any authorized officer of the city.
h. Duration; renewal. Any license issued under this ordinance shall be for one year
only, and the application for renewal must be presented to the city clerk each
year. The city shall have the right not to reissue a license for a dynamic display
sign if the sign is found to be noncompliant with the city's dynamic display sign
ordinance. The licensee has the right to appeal such license denial to the city
council.
26