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HomeMy WebLinkAboutItem 07July 27, 2012 Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve: a) an amendment to Chapter 23 (Signs) and Chapter 97 (P -OS District) of the Zoning Ordinance, and b) a Zoning Map amendment to rezone the Crystal Lake Education Center property from RS -3 to P -OS and adopt the findings of fact as presented. Adoption of this motion will allow ISD 194 to install a freestanding sign with electronic graphic display at Crystal Lake Education Center, 16250 Ipava Avenue. Overview Lakeville School District (ISD 194) representatives have submitted Zoning Ordinance and Zoning Map amendment applications to allow a freestanding sign with electronic graphic display at Crystal Lake Education Center. The property is currently zoned RS -3, Single Family Residential District, which allows non - electronic changeable copy signs for public uses. Crystal Lake Education Center is currently being repurposed for early childhood education and adult and youth community education classes. The school district is proposing to amend Chapter 97 of the Zoning Ordinance to allow early childhood education and adult and youth community education classes by conditional use permit in the P -OS, Public and Open Space District and to rezone the property to P -OS District. The Zoning Ordinance amendment also includes the addition to Chapter 23 of performance standards for electronic graphic display signs in the P -OS District. The Planning Commission held a public hearing on the Zoning Ordinance and Zoning Map amendments at their June 21, 2012 meeting. There was no public comment. The Planning Commission tabled action on the applications and directed staff to prepare performance standards for electronic graphic display signs in the P -OS District. At their July 19, 2012 meeting, the Planning Commission unanimously recommended approval of the Zoning Ordinance and Zoning Map amendments subject to three stipulations. Primary Issues to Consider • What school facilities would be allowed electronic graphic display signs with this amendment? • Must the existing electronic signs located in the city comply with these performance standards? • Will the performance standards for electronic signs in the P -OS District apply to other districts? • Is a CUP amendment required for the re- purposing of Crystal Lake Education Center? Supporting Information • Staff analysis of issues • Ordinance amending Chapters 23 and 97 of the Zoning Ordinance • Ordinance rezoning the property to P -OS District • Findings of fact • June 21 and July 19, 2012 Planning Commission meeting minutes Jun 14 -n• July 13, 2012 planning memos Daryl M rey, Pla , Director AUGUST 6, 2012 CITY COUNCIL MEETING CRYSTAL LAKE EDUCATION CENTER Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance and Zoning Map Notes: Staff Analysis of Issues • What school facilities would be allowed electronic graphic display signs with this amendment? Currently, in addition to City facilities, only high schools are allowed to have electronic graphic display signs. With this amendment, public school facilities with early childhood education, adult and youth community education, and school district administrative offices as their principal use would be allowed to have electronic graphic display signs. Elementary and middle schools would continue to not be allowed to have these signs. • Must the existing electronic signs located in the city comply with these performance standards? There are three existing electronic graphic display signs located in the city (not including electronic motor fuel pricing and time and temperature signs). These signs are: Lakeville North High School /Ames Arena, Lakeville Area Arts Center, and Cross of Christ Community Church (located across from the Arts Center). When these freestanding signs were installed, there were no performance standards for the electronic graphic display portion of the signs. Even though these signs could be considered "grandfathered'; staff will work with the property owners to attempt compliance with the new performance standards as discussed by the Planning Commission. • Will the performance standards for electronic signs in the P -OS District apply to other districts? At this time, electronic graphic display signs would only be allowed in the P -OS District. At several work sessions in the past year, the Planning Commission has discussed allowing electronic graphic display signs in commercial zoning districts as well. This discussion will continue at the next Planning Commission work session in September. • Is a CUP amendment required for the re- purposing of Crystal Lake Education Center? In 1987, the City approved a conditional use permit to allow the construction Crystal Lake Elementary School. Because the building is being re purposed as an education facility, an amendment to the conditional use permit is not required. 2 ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE (THE ZONING ORDINANCE) CONCERNING REQUIREMENTS FOR ELECTRONIC GRAPHIC DISPLAY SIGNS AND CONDITIONAL USES IN THE P -OS DISTRICT. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11- 23 -17.H of the Lakeville City Code is hereby amended to read as follows: H. Electronic graphic display signs except as allowed by Section 11- 23- 19.H.1.d of this Title. Section 2. Section 11- 23- 19.H.1.d(2) of the Lakeville City Code is hereby amended to read as follows: (2) For city of Lakeville public administration, fire stations, police department buildings, ice arenas and public maintenance buildings and ISD 192, ISD 194 and ISD 196 school district uses only, as allowed by Chapter 97 of this Title, the changeable copy sign allowed by this section may utilize electronic graphic display provided that: (a) (b) An electronic graphic display sign displayed only in a yard abutting expander, minor connector or minor shall be a minor reliever street as defined by the Comprehensive Plan. The electronic graphic display sign shall not change display more often than once every fifteen (15) minutes. (c) The electronic graphic display sign shall not include scrolling, flashing, animation, or other effects that create a traffic hazard. (d) The electronic graphic display must be static and the transition from one static display to another must be instantaneous without any special effects. (e) The electronic graphic display must be complete in themselves, without continuation in content to the next image or message. (f) The brightness of the electronic graphic display shall not exceed 7,000 NITS after sunrise and before sunset or 500 NITS after sunset and before sunrise each day. The electronic graphic display sign shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this condition. (g) The electronic graphic display must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be 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 stipulations of this conditional use permit. Section 3. Section 11- 97 -7.0 of the Lakeville City Code is hereby amended to read as follows: C. High schools having a regular course of study accredited by the State of Minnesota or facilities with, as a principal use: 1) early childhood education courses, 2) adult and youth community education classes and programs administered by public independent school districts, or 3) public independent school district administrative offices. 2 Section 4. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED and ADOPTED by the Lakeville City Council this 6 th day of August, 2012. ATTEST BY: Charlene Friedges, City Clerk CITY OF LAKEVILLE BY: Mark Bellows, Mayor 3 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE (THE ZONING ORDINANCE) TO REZONE PROPERTY TO P -OS DISTRICT THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Legal Description. Title 11 of the Lakeville City Code, the Zoning Ordinance, is hereby amended to rezone the following described property located within the City of Lakeville, Dakota County, Minnesota from to RS -3, Single Family Residential District to P -OS, Public and Open Space District: ATTEST: SW '/ OF NW '/ OF SECTION 5, TOWNSHIP 144, RANGE 20 LESS 22.50 A E OF RD & SUBJECT TO ST EASEMENT TO CITY OVER S 40 FT, AND PT GOVT LOT 1 AND PT NE ''A OF SECTION 6, TOWNSHIP 114, RANGE 20 LYING SE OF CR #46 & E'LY OF FOL DESC LINE COME SE CORNER W 132.01 FT TO LINE PARR WITH & 132 FT W OF E LINE N 536.46 FT N 9D35M04S W 61.71 FT N'LY ON CUR CONC TO W 542.58 FT N 12D41M33S W TANG TO CUR TO C/L CR #46 SUBJECT TO HWY EASEMENT Section 2. Zoning Map. The zoning map of the City of Lakeville, adopted by Section 11 -45 -5 of the City Code, shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. Adopted by the Lakeville City Council this 6 day of August, 2012. CITY OF LAKEVILLE BY: Charlene Friedges, City Clerk Mark Bellows, Mayor CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CRYSTAL LAKE EDUCATION CENTER ZONING ORDINANCE AND ZONING MAP AMENDMENTS FINDINGS OF FACT On June 21 and July 19, 2012 the Lakeville Planning Commission met at its regularly scheduled meetings to consider an amendment to Chapters 23 and 97 of the Zoning Ordinance concerning requirements for electronic changeable copy signs and conditional uses in the P -OS District and, and a Zoning Map amendment to rezone property from RS -3, Single Family Residential District to P -OS, Public and Open Space District. The Planning Commission conducted a public hearing on the proposed Zoning Ordinance and Zoning Map amendments preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is currently zoned RS -3, Single Family Residential District. The subject property is proposed to be rezoned to P -OS, Public and Open Space District. 2. The subject property is located in Comprehensive Planning District 2, which guides the property for restricted development. 3. The legal description of the subject property is: SW '' OF NW '' OF SECTION 5, TOWNSHIP 144, RANGE 20 LESS 22.50 A E OF RD & SUBJECT TO ST EASEMENT TO CITY OVER S 40 FT, AND PT GOVT LOT 1 AND PT NE '/ OF SECTION 6, TOWNSHIP 114, RANGE 20 LYING SE OF CR #46 & E'LY OF FOL DESC LINE COME SE CORNER W 132.01 FT TO LINE PARR WITH & 132 FT W OF E LINE N 536.46 FT N 9D35M04S W 61.71 FT N'LY ON CUR CONC TO W 542.58 FT N 12D41M33S W TANG TO CUR TO C/L CR #46 SUBJECT TO HWY EASEMENT 4. Chapter 3 of the City of Lakeville Zoning Ordinance provides that a Zoning Ordinance text or map amendment may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The Zoning Ordinance and Zoning Map amendments are consistent with the City's Comprehensive Plan and the use of the subject property for public education purposes. b. The proposed use is or will be compatible with present and future land uses of the area. 1 The Crystal Lake Education Center use and the proposed electronic graphic display sign will be compatible with the surrounding land uses given compliance with the amendment to Chapter 23 of the Zoning Ordinance concerning requirements for electronic graphic display signs and the conditions listed in the July 13, 2012 planning report. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. The proposed electronic graphic display sign will conform to Zoning Ordinance requirements subject to approval of the Zoning Ordinance and Zoning Map amendments for Crystal Lake Education Center. d. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed electronic graphic display sign will not impact existing public services. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Traffic generated by Crystal Lake Education Center can be served by the streets serving the property. 5. The planning reports dated June 14 and July 13, 2012 prepared by Planning Director Daryl Morey are incorporated herein. DATED: August 6, 2012 2 CITY OF LAKEVILLE BY: BY: Mark Bellows, Mayor Charlene Friedges, City Clerk and City Code. Planning Commission Meeting July 19, 2012 ITEM 6. City of Lakeville and ITEM 7. Crystal Lake Education Center (tabled at the June 21st Planning Commission meeting) Chair Lillehei opened the public hearing to consider an amendment to Title 11 (the Zoning Ordinance), Chapter 23 concerning the requirements for electronic changeable copy signs in the P -OS, Public and Open Space District. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes Planning Director Daryl Morey stated that because Agenda Items. 6 and 7 are related, he will combine their review into one presentation :tonight. Mr. Morey stated that after considerable discussion at their June 21, 2012 ; Commission meeting, the Planning Commission tabled action on the Lakeville School District (ISD 194) applications to allow an electronic changeable copy sign, ; .at Crystal Lake Education Center and directed staff to prepare an amendment =to' Chapter 23 of the Zoning Ordinance to establish performance standards fokWectronic changeable copy signs in the P -OS, Public and Open Space District. Mr. Morey stated that the June 14th planning at the June 21st Planning Commission meeting included a number..of stipulations. that were being recommended by staff as part of the..school; :district's applications. The 'City Attorney recommended that the performance:3based standards for'.the electronic signage be pulled out of the stipulations listed ;iii' the June 14t an h pining:, report and instead be incorporated into Chapter 23 of the Zoning Ordinance Morey :.stated :that' =:: ©r efficiency and clarity sake, staff has combined the amendnierits into one ordinance addressing Chapter 23, performance standards for signs.in the P -OS District,_ and`Chapter 97, conditional uses in the P -OS Districts. Mr. Morey :stated that the = ,proposed Zoning Ordinance amendment incorporates the performance: standard stipulations listed in the June 14th planning report with two exceptions concerning ::hours of operation and rate of change of the electronic changeable copy'sign.as recommended by the Planning Commission at the June 21st meeting. He indicated that the City's planning consultant, Daniel Licht of TPC, is recommending the following modifications to the stipulations contained in the June 14th planning report: • Allowing electronic graphic display signs instead of electronic changeable copy signs, which would allow the display of images in addition to text. • Allowing the electronic graphic display signs only in a yard abutting a street with a higher classification than major collector, except arterials (I -35 and CR 70). 6 • Limiting the display to a black background. Mr. Morey indicated he had received concerns from Planning Commissioners prior to tonight's meeting about limiting the sign to a black background. In subsequent discussions with Mr. Licht, this restriction was intended for electronic changeable copy signs (text only) and not electronic graphic display signs (text and figures) and therefore can be removed from staff's recommended performance standards. • The City Attorney has indicated that Section 11- 23- 19.H.1.d(2)(i) is inconsistent with current State Statute and would not be enforceable. She is recommending that performance standard also be removed. • Per the handout at tonight's meeting and based upon discussions with Chair Lillehei, staff is recommending that the proposed;w rrding in Section 11- 97 -7.0 be revised to clarify that the proposed school district uses` to be added in the P- OS District must be a principal use of the property. In addition, the amendment now lists the uses numerically which makes.it easier to read. Mr. Morey indicated that for convenience. purposes, staff has combined the amendments to Chapter 23 establishing performance.;:stadards for electronic graphic display signs in the P -OS District and Chapter 97.all6;ving public school facilities for early childhood and community' education by condthonal use permit in the P -OS District into one ordinance amendment." Chair Lillehei opened the hearing to the :public f cir comment. There were no comments' from the audience. 12.44 Motion was made and secondedto the public hearing at 7:08 p.m. Ayes: Boerschel, Lillebe ; Davis, Greriz Drotning, Reuvers, Maguire. Nays: 0 ChairLillehei asked for omments.from the Planning Commission. 7 Planning Commission Meeting July 19, 2012 The following items were :discussed: • Commissioner Grenrz asked if staff has been contacted by school districts 192 and 196 about'electronic signage. Mr. Morey responded that staff has not been contacted by these two school districts and the only facilities they have in the City are elementary schools. • Commissioner Boerschel wanted to clarify that the intent of Section 211-23 - 19.H.1.d(2)(i) was to prevent another use from moving into the property and still using the sign. Mr. Morey stated that the sign would run with the property, so the re -user of the property would be entitled to keep the sign; however, the re- user of the property, unless it was rezoned, would have to be .a use that complied with uses allowed in the P -OS District, which are pretty limited and are not commercial in nature. • Mr. Morey also indicated that if these performance standards are approved by the City Council, staff would apply the standards to the existing electronic graphic display signs at Lakeville North High School /Ames Arena and the Arts Center. If the performance standards change again in the future, the existing electronic graphic display signs would need to comply with the new standards. • Mr. Morey clarified, and the Planning Commission agreed, that the added language under Section 11- 97 -7.0 as a principal use ismeant to cover all three items that follow in that paragraph. Commission: ` Reuvers agreed that the revised language simplifies the uses allowed and�:ttaat`t& City should try to keep the wording in its ordinances as brief as possible., `''' • Commissioner Grenz questioned whether electronic graphic;display signs would be allowed at the Kenwood Center location on County Road 50 where the school district currently holds its early childhood and adult and youth_ community education classes. Mr. Morey stated that.the C -3 District zoning of'h e Kenwood Center does not currently allow electron_c;, changeable copy signs. In addition, the school district will have moved these classes' 'out of the Kenwood Center and into Crystal Lake Education; ;Center before,any amendment to the Zoning Ordinance to allow electromc_;grapt signs would be approved by the City Council. Planning Commission Meeting July 19, 2012 12.45 Motion was made and seconded to recommend to City Council approval of an amendment to Title, I1- (the Zoning Ordinance), Chapter 23 concerning the requirements r .. � for electronic changeable copy signs in the;; -OS, Public and Open Space District, as amended. renz,, Drotning, Reuvers, Maguire, Boerschel. 12.46 Motionwas made and seconded to'recommend to City Council approval of the Zoning Ordinance:,and Zoning Map amendments for Crystal Lake Education Center to allow the installation of a freestanding sign with electronic graphic display subject to the following 3 stipulations: 1. The subject metes and bound parcels that comprise the Crystal Lake Education Center property must be combined into one parcel prior to the issuance of a sign permit for the freestanding sign. 2. A sign permit must be issued by the City prior to installation of the freestanding sign. 3. The Crystal Lake Education Center freestanding sign must comply with the requirements of Chapter 23 of the Zoning Ordinance. 8 Ayes: Davis, Grenz, Drotning, Reuvers, Maguire, Boerschel, Lillehei. Nays: 0 The next Planning Commission meeting will be held on August 16, 2012. There being no further business, the meeting was adjourned at 7:22 p.m. Respectfully submitted, Penny Brevig, Recording Secretary ATTEST: Brooks Lillehei, Chair 9 Planning Commission Meeting July 19, 2012 CITY OF LAKEVILLE Planning Commission Meeting Minutes JUNE 21,2012 The June 21, 2012 Planning Commission meeting was called to order by Chair Lillehei in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present Chair Lillehei Vice Chair Boerschel Commissioner Davis Commissioner Drotning Commissioner Grenz Commissioner Maguire Commissioner Reuvers Ex- officio Fitzhenry Absent: None Staff Present: Daryl Morey, Planning Director; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: A typo was noted on page one in the June 7, 2012 Planning Commission meeting minutes. The June 7, 2012 Planning Commission meeting minutes were approved as amended. ITEM 4. ANNOUNCEMENTS: Planning Director Daryl Morey stated that the July 5th Planning Commission meeting will be cancelled due to its proximity to the 4th of July holiday. ITEM 5. CRYSTAL LAKE EDUCATION CENTER Chair Lillehei opened the public hearing to consider the application of Lakeville Area Public Schools (ISD 194) for the following, located at 16250 Ipava Avenue: A. An ordinance amending Title 11, Chapter 97, Section 7 of the Zoning Ordinance concerning conditional uses in the P-OS, Public and Open Space District; and B. A Zoning Map amendment to rezone property from RS-3, Single Family Residential District to P-OS, Public and Open Space District. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Commission Meeting June 21, 2012 Mark Klett, Director of Business Services for ISD 194 presented an overview of the request. Mr. Klett introduced Steve Porter, Community Education Director and Ed Nelson, Director of Building and Grounds who were also in attendance at tonight's meeting. Mr. Klett stated that the school district is requesting an electronic sign for their new facility at the corner of County Road 46 and Ipava Avenue. They will hold Early Childhood Education, Special Education for preschool children, and Community Education classes in the building. He indicated that the school board is also considering moving their meetings to this building. With the different activities that will be held in the Crystal Lake Education Center school officials felt they needed more than just a standard monument sign. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that Crystal Lake Elementary School closed following the 2010 -2011 school year and is currently being re- purposed as Crystal Lake Education Center. He indicated that district officials would like to install a freestanding sign with an electronic message board similar to the Lakeville North High School/ Ames Arena freestanding sign at Ipava Avenue and Kenwood Trail (CSAH 50). Mr. Morey stated that Lakeville School District officials are requesting a Zoning Ordinance amendment concerning conditional uses in the P-OS, Public and Open Space District which would now include early childhood education courses, adult and youth community education classes and programs in addition to high schools. He also indicated that they are requesting to rezone property from RS-3, Single Family Residential District to P-OS, Public and Open Space District. Mr. Morey commented that the only difference between the freestanding sign requirements in the RS-3 and P-OS districts is the allowance of electronic changeable copy signs in the P -OS District and not in the RS-3 District. Mr. Morey stated that the rate of change, brightness, and animation for electronic changeable copy signs was discussed as part of the Phase 3 Zoning Ordinance amendment agenda item at the April 19, 2012 Planning Commission work session. Staff is recommending that the Planning Commission include conditions regulating these items for the Crystal Lake Education Center changeable copy sign. Mr. Morey stated that Planning Department staff recommends approval of the Crystal Lake Education Center Zoning Ordinance and Zoning Map amendments to allow the installation of a freestanding sign with electronic changeable copy, subject to the 11 stipulations listed in the June 14, 2012 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 2 12.40 Motion was made and seconded to close the public hearing at 6:12 p.m. Ayes: Maguire, Reuvers, Boerschel, Lillehei, Davis, Grenz, Drotning. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. The following items were discussed in detail: 3 Planning Commission Meeting June 21, 2012 • The school district's applications are ahead of the City's review of electronic changeable copy sign standards. In effect, staff is attempting to apply electronic changeable copy sign standards for an ordinance that has not yet been written. Mr. Morey commented that the school district is aware that the City's electronic changeable sign standards are currently being reviewed. He indicated that the Zoning Ordinance amendment process may not be completed until October or November and the school district's applications need to be acted upon within 120 days (original 60 days and staff can extend it another 60 days if necessary) unless the school district requests an extension. • Would approval of the school district's Zoning Ordinance and Zoning Map amendment applications open up the opportunity for electronic changeable copy signs at all of the schools ? Mr. Morey stated this would not be the intent of City approval of the school district's applications. The intent of the Zoning Ordinance amendment is to allow electronic changeable copy signs at the high schools and the repurposed Crystal Lake Education Center. • According to the Assistant City Attorney, the stipulations regulating the operation of the school district's proposed electronic changeable copy sign listed in the June 14, 2012 planning report are not legally enforceable. Instead, these stipulations should be listed as sign performance standards in the Zoning Ordinance. • When asked by the Planning Commission, the Assistant City Attorney indicated that the stipulations related to the operation of the proposed electronic changeable copy sign listed in the planning report for the Zoning Ordinance and Zoning Map amendments could not be included as stipulations even if the Planning Commission were considering an amendment to the existing conditional use permit for Crystal Lake Elementary School. She stated the existing conditional use permit allows the use of the property for the Crystal Lake Education Center. • The Planning Commission should look at the allowance of electronic changeable signs as a whole, including in commercial districts, and treat them as consistently as possible. • The Planning Commission recommended that staff research the electronic changeable copy sign ordinance standards for cities such as Bloomington, Minnetonka, and Plymouth since these cities have dealt with this issue in the past. • The options for acting on the school district's applications were discussed and include: recommend approval of the applications subject to the 11 stipulations listed in the planning report; table action on the applications to allow staff time to schedule a public hearing at the July 19th Planning Commission meeting to consider a Zoning Ordinance amendment to establish performance standards for electronic changeable copy signs; or recommend denial of the applications and allow the Phase 3 Zoning Ordinance amendment work to be completed later this year. • The Planning Commission concluded that this agenda item should be tabled to the July 19th Planning Commission meeting and the Planning Commission should direct staff on specific performance standards that should be included in the Zoning Ordinance amendment to be considered at that meeting. 12.41 Motion was made and seconded to table the Crystal Lake Education Center Zoning Ordinance and Zoning Map amendments to the July 19, 2012 Planning Commission meeting. Discussion held prior to the vote: The Planning Commission directed staff to develop performance standards for changeable copy signs in the P-OS, Public and Open Space District. They recommended that stipulation numbers 4 through 7 of the June 14, 2012 planning report be incorporated as performance standards with the following exceptions: • Do not include hours of operation (stipulation #4). • The electronic changeable copy sign shall not change display more often than once every 15 minutes. Ayes: Reuvers, Boerschel, Lillehei, Davis, Grenz, Drotning, Maguire. Nays: 0 The next Planning Commission meeting will be held on July 19, 2012. There being no further business, the meeting was adjourned at 7:30 p.m. Respectfully submitted, Penny Brevig, Recording Secre 4 Planning Commission Meeting June 21, 2012 Memorandum To: Planning Commission From: Daryl Morey, Planning Director Date: July 13, 2012 Subject: Packet Material for the July 19, 2012 Planning Commission Meeting Agenda Items: 6. City of Lakeville: Amendment to Chapter 23 (Signs) of the Zoning Ordinance 7. Crystal Lake Education Center A. Zoning Ordinance amendment concerning conditional uses in the P -OS District B. Zoning Map amendment to rezone property from RS -3 to P -OS District Application Action Deadline: September 22, 2012 BACKGROUND At the June 21, 2012 meeting, the Planning Commission opened and closed the public hearing to consider Zoning Ordinance text and map amendment applications submitted by Lakeville School District (ISD 194) representatives to allow an electronic changeable copy sign at Crystal Lake Education Center located at 16250 Ipava Avenue. There was no public comment. After considerable discussion, the Planning Commission tabled action on the school district's applications and directed staff to prepare an amendment to Chapter 23 of the Zoning Ordinance to establish performance standards for electronic changeable copy signs in the P -OS, Public and Open Space District. Following the June 21 Planning Commission meeting, the school district submitted an e -mail extending City action on their applications an additional 60 days to allow the performance standards to be prepared by staff and reviewed by the Planning Commission. Since these two agenda items are related, staff has combined their review into one memorandum. ATTACHMENTS • Ordinance amending Chapters 23 and 97 of the Zoning Ordinance • Findings of Fact • Zoning Ordinance and Zoning Map amendment 60 day extension request • June 14, 2012 planning report for Crystal Lake Education Center Item No. (0 City of Lakeville Planning Department Crystal Lake Education Center July 19, 2012 Planning Commission Meeting PLANNING ANALYSIS At the June 21 meeting, the Planning Commission directed staff to prepare an amendment to Chapter 23 of the Zoning Ordinance to establish performance standards for electronic changeable copy signs in the P -OS District. The performance standards were to incorporate stipulations listed in the June 14 planning report review of the Crystal Lake Education Center Zoning Ordinance and Zoning Map amendment applications, with two exceptions concerning hours of operation and rate of change of the electronic changeable copy sign as noted in the draft minutes from the June 21s Planning Commission meeting. Planning Department staff has discussed the direction provided by the Planning Commission with the City's planning consultant and has prepared a draft ordinance amending Sections 11- 23 -17.H and 11- 23- 19.H.1.d of the Zoning Ordinance. Daniel Licht of TPC is recommending the following modifications to the stipulations contained in the June 14 planning report: • Allowing electronic graphic display signs instead of electronic changeable copy signs, which would allow the display of images in addition to text. • Allowing the electronic graphic display signs only in a yard abutting a street with a higher classification that major collector, except arterials (1 -35 and CR 70). • Limiting the display to a black background. For convenience purposes, staff has combined the amendments to Chapter 23 establishing performance standards for electronic graphic display signs in the P -OS District and Chapter 97 allowing public school facilities for early childhood and community education by conditional use permit in the P -OS District into one ordinance amendment that is included as an attachment to this report. RECOMMENDATION Planning Department staff recommends approval of the Zoning Ordinance and Zoning Map amendments for Crystal Lake Education Center to allow the installation of a freestanding sign with electronic graphic display subject to the following conditions: 1. The subject metes and bound parcels that comprise the Crystal Lake Education Center property must be combined into one parcel prior to the issuance of a sign permit for the freestanding sign. 2. A sign permit must be issued by the City prior to installation of the freestanding sign. 3. The Crystal Lake Education Center freestanding sign must comply with the requirements of Chapter 23 of the Zoning Ordinance. Findings of fact for the Zoning Ordinance and Zoning Map amendments are included with your packet materials. c: Mark Klett, ISD 194 2 (plancom m- crystallakeed ucationcenter2) ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE CONCERNING REQUIREMENTS FOR ELECTRONIC GRAPHIC DISPLAY SIGNS AND CONDITIONAL USES IN THE P -OS DISTRICT. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11- 23 -17.H of the Lakeville City Code is hereby amended to read as follows: H. Electronic graphic display signs except as allowed by Section 11- 23- 19.H.1.d of this Title. Section 2. Section 11- 23- 19.H.1.d(2) of the Lakeville City Code is hereby amended to read as follows: (2) For city of Lakeville public administration, fire stations, police department buildings, ice arenas and public maintenance buildings and ISD 192, ISD 194 and ISD 196 school district uses only, as allowed by Chapter 97 of this Title, the changeable copy sign allowed by this section may utilize electronic chang ablc copy graphic display provided that: (a) An electronic graphic display sign shall be displayed only in a yard abutting a minor expander, minor connector or minor reliever street as defined by the Comprehensive Plan. (b) The electronic graphic display sign shall not change display more often than once every fifteen (15) minutes. (c) The electronic graphic display sign shall not include scrolling, flashing, animation, or other effects that create a traffic hazard. (d) The electronic graphic display must be static and the transition from one static display to another must be instantaneous without any special effects. (e) The electronic graphic display must be complete in themselves, without continuation in content to the next image or message. (f) The color of electronic graphic display shall be limited only to copy upon a black background. (g) The brightness of the electronic graphic display shall not exceed 7,000 NITS after sunrise and before sunset or 500 NITS after sunset and before sunrise each day. The electronic graphic display sign shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this condition. (h) The electronic graphic display must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be 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 stipulations of this conditional use permit. (i) The electronic graphic display sign shall be removed upon a change in zoning or use of the property that renders the sign non- conforming. Section 3. Section 11- 97 -7.0 of the Lakeville City Code is hereby amended to read as follows: C. High schools having a regular course of study accredited by the State of Minnesota 2 facilities with early childhood education courses, adult and youth community education classes and programs administered by public independent school districts. Section 4. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED and ADOPTED by the Lakeville City Council this day of , 2012. ATTEST BY: Charlene Friedges, City Clerk CITY OF LAKEVILLE BY: Mark Bellows, Mayor 3 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CRYSTAL LAKE EDUCATION CENTER ZONING ORDINANCE AND ZONING MAP AMENDMENT FINDINGS OF FACT On June 21 and July 19, 2012 the Lakeville Planning Commission met at its regularly scheduled meetings to consider an amendment to Chapters 23 and 97 of the Zoning Ordinance concerning requirements for electronic changeable copy signs and conditional uses in the P -OS District and, and a Zoning Map amendment to rezone property from RS -3, Single Family Residential District to P -OS, Public and Open Space District. The Planning Commission conducted a public hearing on the proposed Zoning Ordinance and Zoning Map amendments preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The subject property is currently zoned RS -3, Single Family Residential District. The subject property is proposed to be rezoned to P -OS, Public and Open Space District. 2. The subject property is located in Comprehensive Planning District 2, which guides the property for restricted development. 3. The legal description of the subject property is: SW '/ OF NW '' OF SECTION 5, TOWNSHIP 144, RANGE 20 LESS 22.50 A E OF RD & SUBJECT TO ST EASEMENT TO CITY OVER S 40 FT, AND PT GOVT LOT 1 AND PT NE'' OF SECTION 6, TOWNSHIP 114, RANGE 20 LYING SE OF CR #46 & E'LY OF FOL DESC LINE COME SE CORNER W 132.01 FT TO LINE PARR WITH & 132 FT W OF E LINE N 536.46 FT N 9D35M04S W 61.71 FT N'LY ON CUR CONC TO W 542.58 FT N 12D41M33S W TANG TO CUR TO C/L CR #46 SUBJECT TO HWY EASEMENT 4. Chapter 3 of the City of Lakeville Zoning Ordinance provides that a Zoning Ordinance text or map amendment may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The Zoning Ordinance and Zoning Map amendments are consistent with the City's Comprehensive Plan and the use of the subject property for public education purposes. b. The proposed use is or will be compatible with present and future land uses of the area. 1 The Crystal Lake Education Center use and the proposed electronic graphic display sign will be compatible with the surrounding land uses given compliance with the amendment to Chapter 23 of the Zoning Ordinance concerning requirements for electronic graphic display signs and the conditions listed in the July 13, 2012 planning report. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. The proposed electronic graphic display sign will conform to Zoning Ordinance requirements subject to approval of the Zoning Ordinance and Zoning Map amendments for Crystal Lake Education Center. d. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed electronic graphic display sign will not impact existing public services. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Traffic generated by Crystal Lake Education Center can be served by the streets serving the property. 5. The planning reports dated June 14 and July 13, 2012 prepared by Planning Director Daryl Morey are incorporated herein. 2 Morey, Daryl From: Mark A. Klett <maklett@isd194.k12.mn.us> Sent: Friday, June 22, 2012 1:21 PM To: Morey, Daryl Cc: Steven J. Porter; Ed F. Nelson Subject: Extention Request Mr. Morey: The Lakeville ISD 194 School District is requesting a 60 day extension for City action on our Zoning Ordinance amendment and rezoning applications. We appreciate your assistance with this project. Thank you. mk Mark Klett Business Manager Lakeville ISD 194 8670 210th St. West Lakeville, MN 55044 t- 952 - 232 -2028 f- 952 - 469 -3951 Memorandum To: Planning Commission From: Daryl Morey, Planning Director Date: June 14, 2012 Subject: Packet Material for the June 21, 2012 Planning Commission Meeting Agenda Item: Crystal Lake Education Center 1. Zoning Ordinance amendment concerning conditional uses in the P -OS District 2. Zoning Map amendment to rezone property from RS -3 to P -OS District Application Action Deadline: July 24, 2012 INTRODUCTION Lakeville School District (ISD 194) representatives have submitted Zoning Ordinance text and map amendment applications to allow an electronic changeable copy sign at Crystal Lake Education Center located at 16250 Ipava Avenue. Crystal Lake Elementary School closed following the 2010 -2011 school year and is currently being re- purposed as Crystal Lake Education Center for early childhood education and as a school district meeting site. School district officials would like to install a freestanding sign with an electronic message board for Crystal Lake Education Center similar to the Lakeville North High School /Ames Arena freestanding sign at Ipava Avenue and Kenwood Trail (CSAH 50). EXHIBITS Exhibit A — Location /Zoning Map Exhibit B — Aerial Photo Exhibit C — Sign Plan Exhibit D — Ordinance Amendment PLANNING ANALYSIS City of Lakeville Planning Department Adjacent Land Uses — Adjacent land uses and zoning are as follows: North — CSAH 46 (ROW) and single family homes (RS -3) West — Ipava Avenue (ROW), Ipava Marketplace (C -1), and Hosanna Church (RM -1) South — 165 Street (ROW) and single family homes (RS -3) East — Crystal Lake golf course (PUD) Item No. Crystal Lake Education Center June 21, 2012 Planning Commission Meeting The subject property is currently zoned RS -3, Single Family Residential District. A freestanding sign with non - electronic changeable copy is allowed for public school uses in the RS -3 District. Freestanding signs with electronic changeable copy are allowed in the P -OS District, however early childhood, youth and adult education and school district meeting facilities are not. As such, an amendment to the P -OS District section of the Zoning Ordinance to allow these uses and a rezoning of the property to P -OS District are needed to allow the electronic changeable copy sign proposed by the school district. The only difference between the freestanding signage requirements in the RS -3 (for schools) and P -OS districts is the allowance of electronic changeable copy signs in the P -OS District and not in the RS -3 District. The freestanding sign requirements for the Crystal Lake Education Center are as follows: Number: one sign per lot Area: 100 square feet Height: monument type not to exceed 10 feet Changeable Copy: 40 square feet maximum Setback: 15 feet from all property lines The school district has submitted a preliminary plan (Exhibit C) for the freestanding sign proposed at the Crystal Lake Education Center. The plan must be revised to reduce the sign height to 10 feet. The proposed sign meets the total sign area and changeable copy area requirements. In addition, the school district must prepare a survey of the property showing the proposed sign location meeting the 15 foot setback requirement. Finally, the school district must apply for a sign permit prior to installing the freestanding sign on the property. At the April 19, 2012 Planning Commission work session, there was discussion regarding allowing electronic signs for business identification as part of the Phase 3 Zoning Ordinance amendments. The April 13, 2012 memorandum prepared by planning consultant Daniel Licht of TPC identified a number of concerns related to electronic signs including rate of change, animation and brightness. Planning Department staff recommends that approval of the Zoning Ordinance and Map amendments include conditions regulating the rate of change, animation and brightness of the Crystal Lake Education Center changeable copy sign given the location of the property at the intersection of two very busy arterial streets (CSAH 46 and Ipava Avenue). The Crystal Lake Education Center is located on two separate metes and bounds parcels located in two different sections (see Exhibits A and B). Previously, Dakota County did not allow the combination of parcels located in different sections. That is no longer the case. As such, Planning Department staff is also recommending that the two parcels be combined into one parcel (PID). RECOMMENDATION Planning Department staff recommends approval of the Crystal Lake Education Center Zoning Ordinance and Zoning Map amendments to allow the installation of a freestanding sign with electronic changeable copy subject to the following conditions: 2 Crystal Lake Education Center June 21, 2012 Planning Commission Meeting 1. The subject metes and bound parcels that comprise the Crystal Lake Education Center property must be combined into one parcel prior to the issuance of a sign permit for the freestanding sign. 2. The Crystal Lake Education Center freestanding sign must comply with the requirements of Chapter 23 of the Zoning Ordinance. 3. A sign permit must be issued by the City prior to installation of the freestanding sign. 4. The electronic changeable copy sign may only be operated from 6:OOAM to 10:OOPM. 5. The electronic changeable copy sign shall not change display more often than once every 30 seconds. 6. The electronic changeable copy sign shall not include scrolling, flashing, animation, or other effects that create a traffic hazard. 7. The images and messages displayed must be static and the transition from one static display to another must be instantaneous without any special effects. 8. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message. 9. The electronic changeable copy sign shall not exceed 7,000 NITS during the day and 500 NITS at night. The changeable copy sign shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this condition. 10. The electronic display must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be 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 stipulations of this conditional use permit. 11. The electronic changeable copy sign shall be removed upon a change in zoning or use of the property that renders the sign non - conforming. Findings of fact for the Zoning Ordinance text and map amendments are included with your packet materials. c: Mark Klett, ISD 194 3 (pla ncomm- crystallakeed ucationcenter) 00 , 4 140 1 .-. P ir° 440 se 41 I I to 00#144.7 ifit 40 0 0 -R BLUEBILL, BAY .RD CIAIAICOOnnt! nO Print Preview Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Page 1 of 1 Map Scale 1 inch = 220 feet EXHIBIT B O 0 o� d E 0 3 te Na c = E o o 42 ▪ Ks, Ecs E o o � O m x x � O E tc) • L L kn L - a in 46 C R s R N x w 0 EXHIBIT C ATTEST BY: 11- 97 -7C: Charlene Friedges, City Clerk CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO.: AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE CONCERNING CONDITIONAL USES IN THE P -OS, PUBLIC AND OPEN SPACE DISTRICT. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11 -97 -7C of the Lakeville City Code is hereby amended to read as follows: High schools having a regular course of study accredited by the State of Minnesota, early childhood education courses, adult and youth community education classes and programs administered by public independent school districts. Section 2. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED and ADOPTED by the Lakeville City Council this day of , 2012. CITY OF LAKEVILLE BY: Mark Bellows, Mayor EXHIBIT D