HomeMy WebLinkAbout11/27/2007
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
TUESDAY, NOVEMBER 27,2007
I. CALL TO ORDER
Vice-Chairperson Ledvina called the meeting to order at 6:00 p.m.
II. ROLL CALL
Board member John Demko
Vice-Chairperson Mall Ledvina
Chairperson Linda Olson
Board member Ananth Shankar
Board member Matt Wise
Present
Present
Absent
Present
Present
Staff Present:
Shann Finwall, Planner
Tom Ekstrand, Senior Planner
III. APPROVAL OF AGENDA
Board member Demko moved to approve the agenda as presented.
Board member Wise seconded.
The motion passed.
Ayes - all
IV. APPROVAL OF MINUTES
a. October 23, 2007
Board member Shankar moved approval of the amended minutes of October 23, 2007, changing
the name from Board member Wise to Ledvina as the motion second under Item X on page 3.
Board member Demko seconded
Ayes - Demko, Ledvina, Shankar
Abstention - Wise
The motion passed.
b. November 13, 2007
Board member Wise moved approval of the minutes of November 13, 2007 as submilled
Board member Demko seconded
Ayes - Demko, Wise
Abstentions - Ledvina, Shankar
The motion passed.
V. UNFINISHED BUSINESS
a. Sign Code Amendments:
1) Dynamic Display Signs
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Minutes 11-27-2007
Senior planner Tom Ekstrand explained past actions and considerations regarding the
dynamic display sign code amendment. Planner Shann Finwall presented the staff report,
which included the additional information requested by the board at its last meeting. Ms.
Finwall explained St. Paul's proposed dynamic sign code amendment. Ms. Finwall also
explained Maplewood's current billboard ordinance and Maplewood's existing five billboards
that were all constructed prior to the city's billboard ordinance.
Board member Wise said he researched a few cities outside of Minnesota and found that
some declared acceptable light requirements of specific levels of nits and asked whether
staff had looked at any cities outside of Minnesota. Planner Finwall responded the staff
reviewed the dynamic display sign ordinance for cities in Minnesota only. Those ordinances
have lighting standards based on the Wisconsin Department of Transportation standards
only.
Board member Ledvina questioned whether our current practice of using lumens to
measure brightness could be used. Planner Finwall responded that staff is recommending
the city's current lighting standard of measuring the amount of lumens be included in the
proposed sign ordinance which would require the applicant to submit a photometrics plan.
Board member Demko suggested that Maplewood look at St. Paul's proposed sign code
amendment regarding trade downs of six to eight square feet of traditional signage for each
square foot of digital billboard space.
Vice-chairperson Ledvina asked representatives of Clear Channel to respond to questions
from the board.
Tom McCarver of Clear Channel explained that the light study done by Clear Channel was
conducted by light technicians who monitored various effects of the signage. Mr. McCarver
said there are several means to measure brightness of signs, such as lumens or nits, so
that a sign is easy to read but is not overly bright. Mr. McCarver said that using as minimal a
light level as possible provides benefits such as using less electricity which makes it less
costly and a minimal light level would also extend the life of the sign.
The board discussed definitions and verbiage to be included in the dynamic display sign
code amendment as compared with on-premise signage. The board agreed additional time
and study was needed for the on-site dynamic display sign code. The board also agreed
that the proposed Incentive Option B provision for community messaging is poor public
policy and that since the city will own and control a public messaging sign on White Bear
Avenue, they do not favor including this option as part of the code amendment proposal and
believe that the sign code should stand on its own, regardless of the selllement agreement.
Board member Ledvina moved the community design review board recommend approval of
the amendments and additions to the Maplewood Sign Code as follows:
1. Section 44-737(3): (Additions are underlined) "On-premise signs that have blinking,
flashing or fluttering lights or that change in brightness or color. Signs that give public
service information, such as time and temperature are exempt."
2. Section 44-735: (Additions are underlined) "On-premise sian means anv sian identifvina
or adverlisina a business. person. activitv. aoods. products. or services. located on the
premises where the sian is installed and maintained."
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Minutes 11-27-2007
3. Adopt dynamic display sign code language modeled after the Eagan code amendment
as follows (text added to the Eagan ordinance are underlined and text deleted are
stricken; text changed by the community design review board at their November
27,2007, meeting is in bold):
a. Findings. Studies show that there is a correlation between dynamic displays on
signs and the distraction of highway drivers. Distraction can lead to traffic
accidents. Drivers can be distracted not only by a changing message, but also by
knowing that the sign has a changing message. Drivers may watch a sign waiting
for the next change to occur. Drivers are also distracted by messages that do not
tell the full story in one look. People have a natural desire to see the end of the
story and will continue to look at the sign in order to wait for the end.
Additionally, drivers are more distracted by special effects used to change
the message, such as fade-ins and fade-outs. Finally, drivers are
generally more distracted by messages that are too small to be clearly
seen or that contain more than a simple message. Time and temperature
signs appear to be an exception to these concerns because the
messages are short, easily absorbed, and become inaccurate without
frequent changes.
Despite these public safety concerns, there is merit to allowing new technologies
to easily update messages. Except as prohibited by state or federal law, sign
owners should have the opportunity to use these technologies with certain
restrictions. The restrictions are intended to minimize potential driver distraction
and to minimize proliferation in residential districts where signs can adversely
impact residential character.
Local spacing requirements could interfere with the equal opportunity to use such
technologies and are not included. Without those requirements, however, there is
the potential for numerous dynamic displays to exist along any roadway. If more
than one dynamic display can be seen from a given location on a road, the
minimum display time becomes critical. If the display time is too short, a driver
could be subjected to a view that appears to have constant movement. This
impact would obviously be compounded in a corridor with multiple signs. If
dynamic displays become pervasive and there are no meaningful limitations on
each sign's ability to change frequently, drivers may be subjected to an unsafe
degree of distraction and sensory overload. Therefore, a longer display time is
appropriate.
A constant message is typically needed on a sign so that the public can use it to
identify and find an intended destination. Changing messages detract from this
way-finding purpose and could adversely affect driving conduct through last-
second lane changes, stops, or turns, which could result in traffic accidents.
AccerdiRgly, dYRamic displays geRerally shellld Ret lle allewed te eccllpy
the entire copy and graphic area of a sign.
In conclusion, the city finds that dynamic displays should be allowed on off-
premise signs but with significant controls to minimize their proliferation and their
potential threats to public health. safety. and welfare.
b. Dynamic display sign means any sign desianed for outdoor use that is capable of
displavina a video sianal. includina. but not limited to. cathode-rav tubes (CRTs).
liaht-emittina diode (LED) displavs. plasma displavs. liauid-crvstal displavs
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Minutes 11-27-2007
4
(LCDs). or other technoloaies used in commerciallv available televisions or
computer monitors.
except governmental signs, with dynamic display characteristics that appear to
have movement or that appear to change, caused by any method other than
physieally remeving and replaeing the sign er its eempenents, whether the
apparent movement or change is in the display, the sign structure itself, or any
other component ef the sign. This includes a display that incorperates a
technology or method allowing the sign surface to change the image without
having to physically or mechanically replace the sign surface or its components.
This alse incllldes any retating, revelving, meving, flashing, lllinking, er animated
display and any display that incorporates rotating panels, LED lights manipulated
through digital input, "digital ink" or any other method or technology that allows
the sign surface to present a series of images or displays.
c. Dynamic display signs are allowed subject to the following conditions:
(a) Dynamic display signs are allowed on sllllerdinate te off-premises signs
onlv, monument and pylon signs, and business signs. Dynamic displays must not
lle the predeminant featllre ef the sign sllrface. The remainder ef the sign mllst
net have the eal9allility te have dynamie disl9lays e'/en if net used.
Dynamic disl9lay signs are allewed enly en menllment andl9ylen signs fer
conditionally 1germilledllses in residential districts and fer allllses in ether
districts, sllllject te the reElllirements ef this aectien 11.70. Only ene, centigllells
dynamic display area is allowed on a sign surface;
(b) A dynamic display sian is permilled bv conditional use permit onlv.may
net change er meve mere eften than ence every 20 minlltes, excel9t ene fer
which changes are necessary te correct hellr and minllte, date, er temlgeratllre
infermatien. Time, date, er temlgeratllre infermatien is considered ene dynamic
disl9lay and may net lle inclllded as a cemlgenent ef any ether dynamic disl9lay.
A disl9lay ef time, date, er temlgeratllre mllst remain fer at least 20 minutes llefere
changing te a different disl9lay, llllt the time, date, er temlgeratllre infermatien
itself may ehange ne mere eften than enee every three seeends;
(c) The images and messages displayed must be static and each displav
must be maintained for a minimum of 12 seconds, and the transition from one
static display to another must be instantaneous without any special effects;
(d) The images and messages displayed must be complete in themselves,
without continuation in content to the next image or message or to any other
sign;
(e) Every line of copy and graphics in a dynamic display must be at least
seven inches in height on a road with a speed limit of 25 to 34 miles per hour,
nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on
a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with
a speed limit of 55 miles per hour or more. If there is insufficient reem fer cel9Y
and gral9hies ef this size in the area allewed under elause (a) alleve, then ne
dynamic disl9lay is allewed;
(f) Dynamic display signs must be designed and equipped to freeze the
device in one position if a malfunction occurs. The displays must also be
Community Design Review Board
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5
equipped with a means to immediately discontinue the display if it malfunctions,
and the sign owner must immediately stop the dynamic display when notified by
the city that it is not complying with the standards of this ordinance;
(g) Dynamic display signs must comply with the brightness standards
contained in subdivision e. below;
(h) Dynamic display signs existing on (insert the effective date of this
ordinance) must comply with the operational standards listed above. An existing
dynamic display that dees not meet the structural requirements in clause (b) may
centinlle as a nencenfermingdevelel9ment sllllject te sectien (insert erdinance
section number). An existing dynamic display that cannot meet the minimum size
requirement in clause (e) must use the largest size possible for one line of copy
to fit in the available space.
fit Exceptions. Recognizing that some dynamic displays, such as those used
in point of sale dispensers, interactive vending machines and A TMs, often need
te change images mere freElllently than definedlly this erdinance in erder te
perform their intended function and that such image changes can occur in a
manner in which they de net create distractiens fer drivers, dynamic disl9lays with
a tctal area cf less than 160 sEluare inches at any I9cint cf sale dislgenser,
interactive vending machines er ATM may lle fully animated, provided they do
net flash er lllink in a manner clearly visillle frem the readway andl9revided they
either meet er exceed the llllilding setllacks fer the zeningdistrict in which they
are lecated er are at least JO' frem the 19u1llic right ef way, whichever is greater.
d. Incentives. Off-premises signs do not need to serve the same way-finding
function as do on-premises signs; they are restricted in number by the city; and
they are in themselves distracting and their removal serves public safety. This
clause is intended to provide an incentive option for the voluntary and
uncompensated removal of off-premise signs in certain sellings. This removal
results in an overall advancement of one or more of the goals set forth in this
section that should more than offset any additional burden caused by the
incentives. These provisions are also based on the recognition that the incentives
create an opportunity to consolidate outdoor advertising services that would
otherwise remain distributed throughout the community and expand the function
of off-premises signs to serve a public purpose by providing community and
public service messages.
(1) Incenti'le Optien ^ Reduction of Sign Surfaces
(a) A person or sian operator may obtain a conditional use permit for
an enhanced dynamic display sign on one surface of an existing
off-premises sign if the following requirements are met:
1) The applicant agrees in writing to reduce its off-premise
sign surfaces by one by permanently removing, within 15
days after issuance of the permit, one surface of an off-
premises sign in the city that is owned or leased by the
applicant and is del9icted in tallle ^ (which fcllcws this
sectien), which sign surface must satisfy the criteria of
parts (2) and (3) of this subsection. This removal must
include the complete removal of the structure and
foundation supporting each removed sign surface. The
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6
applicant must agree that the city may remove the sign
surface if the applicant does not timely do so, and the
application must identify the sign surface to be removed
and be accompanied by a cash deposit or leller of credit
acceptable to the city attorney sufficient to pay the city's
costs for that removal. The applicant must also agree that
it is removing the sign surface voluntarily and that it has no
right to compensation for the removed sign surface under
any law. Replacement of an existing sign surface of an off-
premises sign with an enhanced dynamic display sign
does not constitute a removal of a sign surface.
2) The city has not previously issued a dynamic display sign
permit based on the removal of the particular sign surface
relied upon in this permit application.
3) If the removed sign surface is one for which a state permit
is required by state law, the applicant must surrendered its
permit to the state upon removal of the sign surface. The
sign that is the subject of the dynamic display sign permit
cannot begin to operate until proof is provided to the city
that the state permit has been surrendered.
(b) If the applicant meets ceml9lies with the permit requirements noted
above, the city will issue an enhanced dynamic display sign permit
for the designated off-premises sign. This permit will allow a
dynamic display to occupy 100 percent of the potential copy and
graphic area and to change no more frequently than once every
12 eiWH-seconds. The designated sign must meet all other
requirements of this ordinance.
(2) Incenti'le Optien B Pre'/isien ef Cemmllnity and Plllllic Service
Messaging
(a) ^ persen er sian egerater may elltain a cenditienalllse
permit for an enhanced dynamic display sign on one surface
ef an existing eft premise sign if the fellewing reElllirements
are met:
1) The enhanced dynamic display sigA-Feplaces an
existing sllrface ef an existing eft premise sign;
2) The city has not previously issued a dynamic display
sign permtt-based on the replacement of the particular
sign sllrface r-eliedllpen in this permit applicatien.
3) The applicant shall enter into an agreement with the
city te previde te the city ne less than 5 hellrs (2250
eight sesend spets) per menth per enhanseddynamis
display sign ~ in the city fer cemmllnity and plllllic
service messages at sllch times as shalllle
determined by the city.
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(b)
If the applicant meetscomplies with the permit requirements
noted above, the city will issue an enhanced dynamic display
sign permit for the designated off premise sign. This-permit
will allew a dynamic display te eccllpy 100 percent ef the
petential eepy and graphie area ef an existina sian faee and
to change no more frequently than once every eight seconds.
The designated sign mllst meet all ether reElllirements ef this
erdinance.
e. Brightness Standards.
(1) All signs must meet the following brightness standards:
(a) No sign may be brighter than is necessary for clear and adequate
visibility.
(b) No sign may be of such intensity or brilliance as to impair the
vision of a motor vehicle driver with average eyesight or to
otherwise interfere with the driver's operation of a motor vehicle.
(c) No sign may be of such intensity or brilliance that it interferes with
the effectiveness of an official traffic sign, device or signal.
(2) The person owning or controlling the sign must adjust the sign to meet
the brightness standards in accordance with the city's instructions. The
adjustment must be made immediately upon notice of non-compliance
from the city. The person owning or controlling the sign may appeal the
city's determination through the following appeal procedure:
(a) After making the adjllstment reEllliredlly the city, the 1gersen
ewning er controlling the sign may al9lgeal the city's determinatien
lly delivering a written al9lgeal te the city clerk within 10 days after
the city's nen ceml9liance netice. The written al9lgeal mllst include
the name ef a 1gersen Ilnrelated te the 1gersen andllllsiness
making the al9lgeal, whe will serve en the al9lgeall9anel.
(ll) Within five llusinessdays after receiving the al9lgeal, the city mllst
name a person who is not an official or employee of the city to
serve on the appeal panel. Within five business days after the city
names its rel9resentative, the city's rel9resentative mllst centact
the sign owner's representative, and the two of them must appoint
a third member to the panel, who has no relationship to either
~
(c) The al9lgeall9anel may develel9 its ewn rilles ef I9recedllre, llut it
must hold a hearing within five business days after the third
member is appointed. The city and the sign owner must be given
the el9lgertllnity te I9resent testimeny, and the 19anel may held the
hearing, er a 1gertien ef it, at the sign lecatien. The 19anel mllst
issue its deeisien en what level ef llrightness is needed te meet
the llrightness standards within five llllsiness days after the
hearing commences. The decision will be binding on both parties.
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(3)
All dvnamic displav signs installed after (insert the effective date of this
ordinance) that will have illumination by a means other than natural light
must be equipped with a mechanism that automatically adjusts the
brightness in response to ambient conditions. These signs must also be
equipped with a means to immediately turn off the display or lighting if it
malfunctions, and the sign owner or operator must immediately turn off
the sign or lighting when notified by the city that it is not complying with
the standards in this section.
(4)
In addition to the briahtness standards reauired above. dvnamic displav
sians must meet with the city's outdoor liahtina reauirements (section 44-
20(1)).
Board member Demko seconded
The motion passed.
Ayes - all
2) March 1, 2006, Draft Sign Code
The board discussed the need for more time to review the draft sign code, especially in light
of the review needed for on-site dynamic display signs.
Board member Shankar moved to continue discussion of the March 1, 2006 draft sign code
review at a future meeting.
Board member Wise seconded
The motion passed.
Ayes - all
VI. DESIGN REVIEW
None
VII. VISITOR PRESENTATIONS
None
VIII. BOARD PRESENTATIONS
None
IX. STAFF PRESENTATIONS
Staff asked for a board representative to allend the December 4 planning commission meeting and
the December 10 city council meeting to discuss the dynamic display sign board recommendation.
Board member Ledvina volunteered. Board member Demko volunteered as an alternate.
Staff notified the board that the wetland ordinance will be on the agenda for consideration at the
next board meeting on December 11.
X. ADJOURNMENT
The meeting was adjourned at 7:45 p.m.