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6.9. SR 02-17-1998~ty of iver TO: FROM: DATE: MEMORANDUM Item # 6.9. Mayor and City Council Harlicker, Planning Assistant~ Scott February 17, 1998 SUBJECT: Request by City of Elk River for Ordinance Amendment Regarding Changeable Copy Signs, Public Hearing Case No. OA 97-16 Request A City initiated request to establish regulations regarding changeable copy signs. Attachments Staff report to the City Council dated January 20, 1998 Overview At the January 20, 1998 City Council meeting, the Council discussed this proposed ordinance amendment. The ordinance amendment as presented at that meeting included the following restrictions: Electronic message boards allowed as part of an approved wall or freestanding sign in the C-3 (Highway Commercial) zone. · A minimum separation distance of 3500 feet between signs. · A minimum display period for messages of 1 minute. · Time and temperature displays and gas prices would not be considered electronic message boards. The Council expressed concern about the minimum display period. This portion of the proposed amendment would create a situation where the reader board at the Northbound liquor store would become non-conforming. Representatives from the liquor store have indicated because the messages scroll across the face of the sign, it is not possible to comply with the minimum display period of I minute. The scroll speed can be adjusted; however, the current setting is the optimal speed considering the nature of 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 ° Fax: (612) 441-7425 Memo/City Council/OA 97-16 February 17, 1998 Page 2 the messages displayed on the sign. Flashing signs, other than changeable copy signs, are prohibited. To avoid creating a situation where the reader board at the Northbound liquor store becomes non-conforming, the Council could eliminate the one minute minimum display period for messages. If this is done, both the Holiday Station sign, located at School Street and Freeport Avenue, and the Northbound liquor store sign would be in compliance with the proposed amendment. If the Council would like to reduce the possible distractions related to electronic reader boards, another option the Council could consider, other than minimum display period for messages, might be to include a minimum letter size. By including a minimum letter size, message boards with letters that are to small and difficult to read can be avoided. It also might be beneficial to consider including a maximum letter size also. By establishing a maximum letter size, overly large obtrusive lettering could be avoided. The letters on the reader board for the Northbound liquor store are 14 inches high and the letters on the Holiday store are 9 inches high. Also under the proposed amendment, because of the proposed 3500 foot separation distance, the only other location along Highway 169 north of Highway 10 where an electronic message board could be installed is at the intersection of Main Street and Highway 169. Attached for the Council's consideration is Ordinance No. 98- which creates a definition for electronic message boards and allows them with the following guidelines: · A minimum separation distance of 3500 feet between signs. Limited to the C3 (Highway Commercial) district. · Allowed as part of an approved wall or freestanding sign. · Time and temperature and gas prices displays would not be considered electronic message boards. The amendment as proposed does not include guidelines on minimum or maximum letter size. Should the Council decide to incorporate either of these into the amendment, the attached ordinance could be revised to include minimum and/or maximum letter size the night of the meeting. \ \elkriver\sys\shrdoc\planning\scott\oa9716fe.doc Planning Commission Minutes November 25, 1997 Page 3 5.3. Elk River Shoppin.q Center Request for Conditional Use Permit to Expand Elk River Theater, Public Hearin.q Case No. CU 97-29 Elk River Shopping Center is requesting a conditional use permit to expand the Elk River Theater from 10 to 18 screens. Old Pamida site. Reviewed request, 26,000 sq. ft. will be remodeled for the theater's purposes. Key - tenant mix so parking demands balance. 2-3 additional signs face Highway 169. Chair Anderson opened the public hearing. Jack Sheedy, 4820 West 72nd Street, Edina, present to answer questions on behalf of Elk River Shopping Center. Commissioner Minton questioned whether Mr. Sheedy is aware of any history of pedestrian accidents at the theater site. Mr. Sheedy indicated he is not aware of any accidents. Chair Anderson asked if the applicant was aware of problems with break ins and vandalism. Not aware of any problems, but there was one incident in which the glass panels advedising the current movies was broken. Chair Anderson and Commissioner Mesich indicated they are aware of a history of vandalism to vehicles in the theater parking lot. Larry Lindshew, 9110 93rd Avenue, Chanhassen, theater investor, indicated the theater hires police reserves to protect people and property. Commissioner Kuester asked if the crosswalks were striped. Mr. Lindshew stated there are 5 striped crosswalks. Mr. Lindshew indicated approximately 1,000 parking spaces are available and an area is available south of the building for expansion of the parking lot. There being no other public comment, Chair Anderson closed the public hearing. COMMISSIONER MESICH MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER SHOPPING CENTER FOR A CONDITIONAL USE PERMIT TO EXPAND THE ELK RIVER THEATER, PUBLIC HEARING CASE NO. CU 97- 29, NO OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: ADDITIONAL SIGNAGE BE LIMITED TO THREE (3) CABINET SIGNS WHICH MAY BE PLACED ON THE EAST ELEVATION OF THE BUILDING FACING HIGHWAY 169. THESE SIGNS SHALL BE THE SAME SIZE AS THE EXISTING CABINET SIGNS. ALL THE CONDITIONS OUTLINED IN CONDITIONAL USE PERMIT NO. CU 93-25 APPLY TO THIS NEW CONDITIONAL USE PERMIT. 5.4. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. Elk River Shoppin.q Center Request for Conditional Use Permit for Fitness Center I"The Gym"), Public Hearin.q Case No. CU 97-30 Planning Commission Minutes November 25, 1997 Page ~, Elk River Shopping Center is requesting a conditional use permit for an athletic/health club facility in the Elk River Mall. The club ("The Gym") will occupy existing space at the south end of the mall formerly occupied by Pamida. Scott reviewed issues associated with parking, signage, hours of operation, and uses. Staff recommends approval with conditions outlined in the staff report. Commissioner Minton suggested the 5 a.m. - 11:00 p.m. hours of operation recommended by staff be permitted every day. Chair Anderson. opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MESICH MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER SHOPPING CENTER FOR A CONDITIONAL USE PERMIT FOR A FITNESS CENTER ("THE GYM"), PUBLIC HEARING CASE NO. CU 97- 30 WITH THE FOLLOWING CONDITIONS: 1. HOURS OF OPERATION WILL BE 5 A.M. TO 11 PM DAILY. SIGNAGE SHALL CONSIST OF INDIVIDUAL LIT LEI'FERS ON BOTH THE EAST AND WEST ELEVATION OF THE BUILDING. APPROPRIATE BUILDING PERMITS BE OBTAINED PRIOR TO STARTING GANY INTERIM CONSTRUCTION. IF A PARKING PROBLEM ARISES IN THE FUTURE, THE PARKING AREA IMMEDIATELY SOUTH OF THE BUILDING SHALL BE IMPROVED. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. .5.5. City of Elk River Request for Ordinance Amendment Reqardinq Accessory Structure Area, Public Hearinq Case No. OA 97-15 The City of Elk River has initiated an ordinance amendment to revise the maximum square footage allowed for accessory structures, and the architectural standards applicable to accessory structures. Reviewed changes proposed. Staff recommends approval of the request with the conditions. Commissioner Kuester suggested language changes in the proposed ordinance regarding parcel sizes. Commissioner Minton suggested incorporating a warning in the ordinance to property owners in these zoning districts that the accessory structures must be taken down if the property is subdivided. Commissioner Mesich felt the warning could be distributed as a policy handout for the building department. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE 97- , AMENDING SECTION 900.20 OF THE CITY CODE OF ORDINANCES RELATING TO ACCESSOTY STRUCTURES, PUBLIC HEARING CASE NO. .~y of E 'ver MEMORANDUM TO: FROM: DATE: SUBJECT: Item Mayor and City Council Harlicker, Planning AssistantS~~ Scott January 20, 1998 Request by City of Elk River for Ordinance Amendment Regarding Changeable Copy Signs, Public Hearing Case No. OA 97-16 Request The City of Elk River is initiating this ordinance amendment to establish regulations regarding changeable copy signs. Overview At the November Planning Commission workshop, the Commission asked staff to draft an ordinance amendment that establishes a frequency at which how many times the message of a changeable copy sign can change. Currently there is no limit on how often the message can change. In researching this issue most cities handled it one of two ways. Either they did not allow the electronic message board or else it was allowed provided the sign complied with certain restrictions. All differentiated between the electronic message signs such as those at the liquor store and the Hohday Station Store on School Street and a time and temperature sign. In all the cities researched, an exception was made for time and temperature signs. The following cities did not allow the electronic message boards: Apple Valley O Plymouth Burnsville 0 Savage Eden Prairie 0 Brooklyn Park Lakeville 0 Minnetonka Maple Grove ~ Woodbury Anoka and Blaine were the two cities that allow electronic message boards. Anoka allows them in the commercial districts and Blaine requires a minimum display period of 4 seconds and requires 2700 feet between signs. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 ° TDD & Phone: (612) 441-7420 ° Fax: (612) 441-7425 Memo to Mayor and City Council/OA 97-16 January 20, 1998 Page 2 Planning Commission Meeting At the Planning Commission meeting held on December 23rd, no one spoke at the pubhc hearing. Staff presented the following options to the Commission for their consideration: creating a definition for electronic message boards treating electronic message boards same as other signs · allowing electronic message boards with restrictions After discussing the options, the Commission decided to create a definition for electronic message boards and to allow them with the following three restrictions: · A distance of 3500 feet between signs; this is the approximate distance between the sign at the Northbound liquor store and the Holiday convenience store at School Street and Freeport Avenue. · A minimum of one minute display time for messages. · Electronic message boards would be limited to the C3 (Highway Commercial) district. Time and temperature displays and electronic price displays for gas prices would be exempt from the proposed restrictions. Under the proposed amendment, the existing signs at the Holiday store, located at School Street and Freeport Avenue, and the Northbound liquor store would become legal non-conforming signs with respect to the portion of the ordinance that establishes a minimum one minute display time for messages. Both signs would comply with other portions of the proposed ordinance. Recommendation The Planning Commission recommends the City Council approve the attached Ordinance No. 98-__ creating a definition for electronic message boards and allowing them with certain restrictions. \\elkriver\sys\shrdoc\planning\scott\oa9716cc.doc ORDINANCE 98 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.22 OF THE CITY CODE OF ORDINANCES CASE NO. OA 97-16 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.22 (2) of the City of Elk River Code of Ordinances titled "Definitions" is hereby amended by adding the following definition: Electronic message boards: A sign which changes copy electronically using switches, lights or other electrical impulses, usually having a message scroll across the sign face. Time and temperature displays and electronic price displays for gas prices shall not be considered electronic message boards. Section 2. Section 900.22 (4) (D) of the City of Elk River Code of Ordinances titled "Signs permitted in Highway Commercial C-3 zone" is hereby amended by adding the following section: ix. Electronic message boards are allowed as part of an approved freestanding or wall sign. A minimum separation distance of 3500 feet shall be maintained between all electronic message boards. Section 3. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 17th day of February, 1998. Henry A. Duitsman Mayor Sandra A. Thackeray City Clerk s:\document\ordinanc\oa97-16.doc