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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 Community Design Review Board 2 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." Community Design Review Board 3 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 Community Design Review Board 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 Minutes 11-27-2007 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 Community Design Review Board Minutes 11-27-2007 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. Community Design Review Board Minutes 11-27-2007 7 (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. Community Design Review Board Minutes 11-27-2007 8 (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.