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5a. Electronic Message Center Signs CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 BuildingJnspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us lliJ MEMORANDUM TO: Planning Commission FROM: Angie Auseth, Planner I DATE: April 7, 2009 Work Session SUBJ: City Code Amendment Issue Paper Chapter 20, Zoning, Signs BACKGROUND Staff reviews the City Code to discover issues, shortfalls, general updates and ways to make the City Code less onerous for residents and business owners and prepares amendments to the Code. The intent of the work session is to review proposed changes to Chapter 20 pertaining to Electronic Message Center fLED (light emitting diode) Signs. Over time the city has adjusted and revised the sign ordinance to address issues and concerns. Staff has prepared this paper to address electronic message center signs. The Planning Commission has review responsibility for Chapter 20. A public hearing is required to make changes in this chapter. Staff is requesting input and guidance with regard to the proposed amendments before we proceed with the public hearings. Based on that feedback and recommendation, the public hearing for the code amendments and recommendations will be scheduled. DISSCUSSION Electronic message center signs are quickly becoming very popular for commercial business use. Advances in technology make LED signs more accessible in terms of cost and the capability to incorporate message centers into monument and pylon signs. LED signage saves energy and allows the business the opportunity to advertise special events and sales without the use of temporary signage. While electronic message center signs will not eliminate the use of temporary signage, it is staff's opinion that it will reduce the number of temporary signs throughout the City and minimize clutter. Intent The purpose of the sign ordinance is intended to establish an effective means of communication in the city, maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Planning Commission April 7, 2009 Page 2 of 7 enforcement of these sign regulations. It is the intent of the sign ordinance is to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: 1. Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service; 2. Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; 3. Ensure that signs do not create safety hazards; 4. Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; 5. Preserve and protect property values; 6. Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; 7. Limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. It is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. . Permanent and temporary signs have a direct impact on, and a relationship to, the image of the community; . The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community; . An opportunity for a viable identification of community business and institutions must be established; . The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; . Unlimited signs adversely impact the image and aesthetic of the community causing clutter Where are we in relation to the city's goals for regulating signage and what direction do we want to go? Message Center City Code permits message center/LED signs as a conditional use with the following standards: Planning Commission April 7, 2009 Page 3 of 7 Sec. 20-1259 (2) Prohibited signs to read as follows: (2) Motion signs and flashing signs, except electronic message center signs, time and temperature signs and barber poles which may be permitted by conditional use permits (see sections 20-231 through 20-237), and shall comply with the following standards: a) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. b) Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. c) Electronic message center signs shall not cause direct glare nor become a distraction due to excessive brightness. d) The lamp wattage and luminance level in candelas per square meter (Nits) shall be provided at the time of permit applications. e) There shall be no electronic message center signs in the front setback area within 50 feet of a street intersection (as measured from intersecting right-of-way lines) or within 125 feet of a residential district, except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. f) Electronic and non-electronic message center space used on a sign shall not exceed a total of 40 square feet or 25 percent of the allowable sign area, whichever is less. The message displayed on electronic message center signs shall be depicted in one statement and not a continuing sentence or flow of information. Flashing, scrolling, special effects or animated scenes on electronic reader boards shall be prohibited. g) Electronic message center signs shall not be located in agricultural or residential zoning districts. h) Electronic message center sign LED display use for signs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. Motion signs vs. Electronic Message Center Signs A motion sign is one that physically moves or rotates; a message center sign is the portion of digital changeable copy area within a fixed sign. ISSUES Issue 1: Should scrolling be permitted? In October 2008, the City Council approved an amendment to the Arboretum Village/Arboretum Shopping Center Planned Unit Development (PUD) design standards to allow an electronic message center. Initially, the standards outlined in the City Code for electronic message center signs were incorporated into the PUD design standards for this development, including prohibition of scrolling text. After working with the applicant and discussion about the use and Planning Commission April 7, 2009 Page 4 of7 viability of such signage, scrolling was permitted as part of the design standards for Arboretum Shopping Center, as it is an integral function of the sign. Scrolling is a primary capability of electronic message signs. The LED display area in which the message is depicted is small. The intended audience is often driving past in a vehicle. Scrolling allows the entire message to be seen in a short period of time. Several electronic message center signs within the City have been approved, such as Walgreens, Chapel Hill Academy, Movie Theater, American Legion, Arboretum Shopping Center, and a future community electronic message center sign. Some of the aforementioned signs have scrolling messages. While there is always the concern that electronic message center signs will be a distraction to motorists, these scrolling message signs have not shown to be a traffic hazard. Staff further reviewed the current ordinance and noticed a sentence which states: "The message displayed on electronic message center signs shall be depicted in one statement and not a continuing sentence or flow of information." This describes scrolling. Staff is proposing to eliminate this sentence as part of the ordinance amendment. It is staff's intent to allow scrolling as part of electronic message center signs and to have consistent standards in all commercial, office, industrial and institutional zoning districts. This standard would also include Public/Community Signs Sec. 20-1302 (4). Issue 2: Should the number of colors used be limited by ordinance? Electronic message center signs or LED signs have the capability to use a single color display, which has several shades of a particular color to create depth to the sign, as well as the ability to incorporate full color display. After researching several neighboring cities, brightness is a key factor in regulating the colors of the signs. The current ordinance permits a maximum 5,000 Nits during daytime hours and a maximum 500 Nits during nighttime hours. ~~~~!IJI! 11- ~ ,I I . ~ am..~~, v I~~,~- !j~~. ~ -..... ~~;~-{ '~'* .-....~. ::\. *1~ .'.--~}~ }; '" ~ f//I1J. ...-: ~~ :......o;r.,q~jl Planning Commission April 7, 2009 Page 5 of7 Issue 3: Should animation or special effects continue to be limited for electronic message center signs as part of the ordinance? Electronic message center signs are capable of animation, varying from motion of a single object to full motion much like a television. The current ordinance prohibits flashing, animation and special effects. The neighboring cities researched showed an average eight-second minimum display duration before the message could change. The mandatory duration would prohibit flashing or animation of the sign, anything other than scrolling. Issue 4: Electronic message center signs can be built to any size. The current ordinance limits the area an Electronic Message Center to 25% of the sign display area or 40 square feet (whichever is less). However, the maximum sign display area allowed by ordinance is 80 square feet in the Highway Business (BH), General Business (BG), Central Business District (CBD), and Industrial Office Park (lOP) Districts. Based on 25% of 80 square feet, the maximum allowable area is 20 square feet. The maximum sign display area in the Neighborhood Business (BN), Fringe Business (BF) and Office and Institutional (01) districts is 24 square feet. Based on this sign display area, the maximum area for an electronic message center is 6 square feet. Si2n Display Area LED Walgreens 64 sq ft 29.44 sq ft = 46% Chapel Hill 21 sq ft 8.45 sq ft = 40% Arboretum Shopping Center 48 sq ft 12 sq ft = 25% American Legion 22.96 sq ft 12.15 sq ft = 53% Cinema 100.3 sq ft 30 sq ft = 30% Planning Commission April 7, 2009 Page 6 of7 As shown in the above existing sings, three of the message center signs (Walgreens, Chapel Hill Academy, and American Legion) exceed the 25% maximum area allowed by ordinance. The signs were approved prior to the adoption of the 25% limitation in July 2006. The Arboretum Shopping Center LED sign was approved in 2008 and complies with the 25% limitation. It is staffs opinion that 25% maximum area is too restrictive for smaller signs and would support increasing the percent allowed. Several neighboring cities permit electronic message centers to occupy 35% of the overall sign area. Options: Should the ordinance be amended to: 1. Revise the maximum allowable area for an electronic message center from 40 to 20 square feet or 25%, whichever is less. Or, 2. Increase the maximum display area of the LED portion. Issue 5: Should electronic message center signs be permitted administratively? Currently, electronic message center fLED signs require a Conditional Use Permit, Section 20-1259. Requiring a CUP for all electronic message center signs is onerous to the applicant, as they must submit an application and wait up to 60 days for the scheduled Planning Commission and City Council meetings. A conditional use is a permitted use with conditions; the sign cannot be Planning Commission April 7, 2009 Page 7 of7 denied unless it does not meet the standards/criterion outlined in the city code, which currently exist. A new section of the code would be added in the sign ordinance pertaining to electronic message center signs. However, review is based on compliance with existing design standards rather than on compatibility with the district. Staff has had discussions regarding eliminating the CUP requirement for electronic message center signs. Approval of such signs would be done administratively. The initial fees for approval of a CUP for an electronic message center sign include: $425 CUP, $50 recording filing fee, and $200 notification sign, totaling $675. Additionally, the applicant is required to apply for and obtain a sign permit. The fee for a permanent sign is $100. If electronic message center signs are permitted administratively, staff proposes increasing the fee for signs that incorporate an electronic message center, to cover additional staff review requirements. However, the fee would be less than that required for a CUP. Issue 6: Are there additional conditions that should be added to the design standards for electronic message center signs? DIRECTION Planning staff is looking to the Planning Commission for feedback with regard to the above City Code issues regarding electronic message center signs. g:\plan\city code\2009 code amendments\pc memo led signs issue paper 4-7-09c.doc