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HomeMy WebLinkAboutItem 09 Date: Item No. ORDINANCE AMENDING TITLES 3 AND 11 OF THE CITY CODE AND SUMMARY ORDINANCE FOR PUBLICATION Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Titles 3 and 11 of the City Code concerning dynamic display signs and a summary ordinance for publication, and adopt the findings of fact. Overview Planning Department staff recommends approval of an ordinance amending Title 3 (Business and License Regulations) and Title 11 (the Zoning Ordinance) of the City Code concerning dynamic display signs. This ordinance is in response to an application submitted by Jason Schneiderman to allow the new Schneiderman’s Furniture store located at 16751 Kenyon Avenue to have dynamic display as part of the freestanding sign. Like the Schneiderman’s Furniture store in Woodbury, Mr. Schneiderman is requesting the rate of change be once every 24 hours. The Planning Commission held a public hearing on the proposed ordinance amendment at their June 1, 2017 meeting and unanimously recommended approval. There was no public comment. Primary Issues to Consider • What performance standards are included in this ordinance amendment? • Why did Schneiderman’s Furniture apply for an ordinance amendment and not a variance? Supporting Information • Staff response to primary issues • Ordinance amending Titles 3 and 11 of the City Code and Summary Ordinance • Findings of Fact • June 1, 2017 draft Planning Commission meeting minutes • May 24, 2017 planning report (including a redlined version of the draft ordinance) Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Daryl Morey, Planning Director June 19, 2017 City Code Staff Response to Primary Issues to Consider • What performance standards are included in this ordinance amendment? 1. The applicant has requested a rate of change of once every 24 hours to allow Schneiderman’s Furniture to change their message daily, as they currently do at their Woodbury store. Given the Schneiderman’s Furniture location adjacent to I-35, with its 70-mph speed limit, and in close proximity to the CR 50 exit ramp, which can back up onto the main line during rush hour, staff supports the requested rate of change for traffic safety reasons. The rate of change performance standard is included in Title 3, Chapter 23 (Business and License Regulations – Dynamic Display Signs) of the City Code. 2. The proposed ordinance will allow larger and taller dynamic display/changeable copy signs for single occupancy buildings with a gross floor area of 100,000 square feet or larger on commercially zoned properties in the freeway corridor district. The dynamic display portion of the freestanding sign for these uses can be up to 120 square feet in area and 20 feet in height (versus 40 square feet in area and 15 feet in height on commercially zoned properties outside the freeway corridor district). The sign size and height performance standards are in Section 11-23-15.T of the Zoning Ordinance. The proposed ordinance language matches the freestanding sign requested by Schneiderman’s Furniture. There are five other commercial businesses in the freeway corridor larger than 100,000 square feet that would be allowed a larger/taller dynamic display sign like what Schneiderman’s Furniture is requesting (HOM Furniture, Fleet Farm, SuperTarget, Wal-Mart, and Emagine Theatre). • Why did Schneiderman’s Furniture apply for an ordinance amendment and not a variance? Mr. Schneiderman initially applied for a variance to allow his proposed dynamic display sign. The variance request was discussed with the Planning Commission at their March 16, 2017 work session. The Planning Commission could not support the variance application because it would not meet the required criteria for variance requests as listed in Chapter 6 of the Zoning Ordinance. Instead, the Planning Commission recommended Mr. Schneiderman apply for an ordinance amendment that could include other similar businesses in the freeway corridor district. ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 3-22-7.B.1 of the Lakeville City Code (Dynamic Display Signs – Performance Standards) is hereby amended to include the following provisions: 1. Change Of Display: The display shall change display not more often than: a. Once every twenty four (24) hours for signs within the Freeway Corridor District regulated by Section 11-23-15.T.3 of this Code; or, b. Once every seven (7) seconds for all other signs regulated by Section 11-23-15.T.2 of this Code. Section 3. Section 11-23-15.T. of the Lakeville City Code (Zoning Ordinance - Signs) is hereby amended to include the following provisions: 3. For single occupancy buildings with a gross floor area of one hundred thousand (100,000) square feet or larger within C-2 and C- 3 districts also within the freeway corridor district, as defined on the zoning map, one (1) electronic changeable copy or electronic graphic display sign may be allowed provided that: a. Operation: The operation of the electronic sign shall require issuance of a license pursuant to section 3-22-3 of this code. b. Location: (1) The sign shall be displayed only in a yard abutting an arterial, minor expander, minor connector or minor reliever street, collector or local commercial street as defined by the comprehensive plan. 2 (2) The sign shall be set back a minimum of fifty feet (50') from any side or rear lot line abutting a residential district. c. Sign Structure: (1) The electronic changeable copy or graphic display shall be incorporated as part of the freestanding sign allowed by subsection 11-23-19.G of this chapter. (2) The sign shall be a monument sign constructed as follows: (A) The electronic changeable copy or graphic display element shall not exceed one hundred twenty (120) square feet and shall be integral and contiguous to the overall sign display. (B) The sign shall be self-supported vertically by a solid base extending horizontally for a minimum of the entire width of the sign face. (C) The total height of the sign structure including the base shall not exceed twenty feet (20’). (D) The sign base and supporting material constructed of stone, brick, or decorative masonry shall be equal to at least forty percent (40%) of the total allowable sign area, but shall not be counted toward the sign area and shall not contain any sign copy. Section 3. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED and ADOPTED by the Lakeville City Council this 19th day of June, 2017. CITY OF LAKEVILLE BY: __________________________ Douglas P. Anderson, Mayor 3 ATTEST BY: ________________________ Charlene Friedges, City Clerk SUMMARY ORDINANCE NO. ______ CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3 (BUSINESS AND LICENSE REGULATIONS) AND TITLE 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE This ordinance amends Title 3 and Title 11 of the Lakeville City Code concerning dynamic display/changeable copy signs. Amendments have been made to the following chapters of the Lakeville City Code: Title 3 (Business and License Regulations) Chapter 22-7.B.1 (Dynamic Display Signs – Performance Standards) Title 11 (Zoning Ordinance) Chapter 23-15.T (General Regulations – Changeable Copy Signs) A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 19th day of June 2017. CITY OF LAKEVILLE BY: _________________________ Douglas P. Anderson, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ZONING ORDINANCE TEXT AMENDMENT FINDINGS OF FACT AND DECISION On June 1, 2017, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Schneiderman’s Furniture for an amendment to Title 11 (the Zoning Ordinance) of the Lakeville City Code concerning changeable copy signs. The Planning Commission conducted a public hearing on the Zoning Ordinance text amendment application 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. Section 11-3-3.E of the Lakeville Zoning Ordinance provides that the Planning Commission consider possible effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors. The factors 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. Finding: The policies of the 2008 Lakeville Comprehensive Land Use Plan include encouraging high quality commercial development and architectural standards at Interstate 35 interchanges that takes advantage of the visibility and access provided along the corridor. The Comprehensive Plan policies further state that signage for commercial properties is to be allowed to facilitate business identification but must not cause a negative aesthetic or potential driver distraction. The proposed Zoning Ordinance amendment appropriately balances the objectives of these policies and is consistent with the Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The Freeway Corridor District was established to allow and regulate signs in a manner appropriate for the types of businesses and character of development occurring adjacent to I-35. The proposed Zoning Ordinance amendment defines provisions for the area and height of dynamic displays signs for the Freeway Corridor District consistent with the intent of the overall sign regulations for commercial properties within this area. Other existing performance standards adopted as part of the Zoning Ordinance and City Code to address land use compatibility will continue to apply to installation of dynamic display signs within the Freeway Corridor District to ensure compatibility with present and future and uses of the area. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. 2 Finding: The proposed amendment establishes area and height standards for dynamic display signs specific to the unique character and uses of the Freeway Corridor District. All other established performance standards applicable to the physical design and location of dynamic display signs, as well as provisions regulating the operation of the dynamic display sign allowed by the proposed amendment established in Section 3-22-7 of the City Code (including a 24 hour limit on change of display specific to these signs) will continue to be administered to ensure land use compatibility and traffic safety. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The proposed amendment may be expected to generate additional applications for sign permits and dynamic display licenses; administration of these potential additional permit applications and licenses will be accommodated by existing City services. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The proposed ordinance amendment will not affect traffic generation on the streets serving applicable businesses within the Freeway Corridor District. 5. The report dated 24 May 2017 prepared by Daniel Licht, TPC is incorporated herein. DECISION The City Council approves the Zoning Ordinance text amendment in the form attached hereto. DATED: June 19, 2017 CITY OF LAKEVILLE BY: __________________________ Douglas P. Anderson, Mayor BY: __________________________ Charlene Friedges, City Clerk MEMORANDUM TO: Daryl Morey FROM: D. Daniel Licht, AICP DATE: 24 May 2017 RE: Lakeville – Schneiderman’s Furniture; Zoning Ordinance Amendment TPC FILE: BACKGROUND JAS Lakeville Properties, LLC (property owner) is proposing to install a freestanding sign at the Schneiderman’s Furniture store located at 16751 Kenyon Avenue. The subject site is zoned C-3 District and is located within the Freeway Corridor District allowing freestanding signs in accordance with Section 11-23-19.G.1.a of the Zoning Ordinance. These provisions allow one freestanding sign with an area of up to 400 square feet and maximum height of 30 feet for the single occupancy, 109,000 square foot store. The proposed freestanding sign incorporates a 116 square foot electronic changeable graphic display with additional fixed letters identifying the business constructed as a monument structure measuring 16.75 feet in height. The physical design of the electronic graphic display, defined as a dynamic display, is regulated by Section 11-23-15.T.2 of the Zoning Ordinance, limiting the area to not more than 40 square feet or 15 feet height. The property owner is requesting an amendment of the Zoning Ordinance to allow for a freestanding sign with electronic changeable graphic display as proposed for properties within the Freeway Corridor District. Consideration of the amendment also includes a requested amendment of Section 3-22-7.B of the City Code regulating the change of display of the sign to once every 24 hours as proposed by the property owner. Exhibits: A. Draft Ordinance B. Site Location C. Schneiderman’s Furniture Freestanding Sign Plan D. Zoning Ordinance Text Amendment Application E. 16 March 2017 Planning Commission Work Session Minutes 2 ANALYSIS Section 11-23-15.T.2 of the Zoning Ordinance establishes physical design and location standards for dynamic display signs. The intent of these regulations, together with provisions established in Title 3, Chapter 22 of the City Code regulating operation of dynamic display signs, is to allow businesses an opportunity to utilize electronic graphics or text to identity and advertise their businesses for travelers passing by a site along the City’s major transportation corridors. The current requirements for dynamic display signs are intended to allow a small-scale, secondary sign incorporated as part of the larger business identification function to inform patrons about specific information a business may want to convey at a relevant period in time. An example discussed by the Planning Commission at the time the dynamic display sign performance standards were developed would be an advertisement at a convenience store for lunch products mid-day that is changed to grocery items such as a gallon of milk during the evening commute. The sign proposed by the property owner for Schneiderman’s Furniture is intended to function differently. The dynamic display would be the primary element of the freestanding Schneiderman’s Furniture sign. The property owner is proposing that the display would not change more than once every 24 hours, allowing Schneiderman’s Furniture flexibility to change the display to suit their business activities on a short-term basis. However, the sign would essential be a static display as viewed from adjacent properties or by vehicles passing on Kenyon Avenue and I-35 based on the 24 hour limit on change of display proposed by the property owner. Operating the display in this manner is similar to the effects of a static sign and eliminates concerns related to dynamic display signs for incompatibility with adjacent uses (especially residential uses) or creating a distraction that becomes a traffic hazard, especially on the interstate freeway. The Planning Commission discussed the Schneiderman’s Furniture dynamic display sign proposal at a work session on 16 March 2017 and were generally supportive of the proposed sign and its intended use, however, they did not support a variance from the current Zoning Ordinance requirements as a mechanism to allow the proposed sign. Our office has drafted an amendment to Section 3-22-7.B of the City Code and Section 11-23- 15.T of the Zoning Ordinance to make allowance for the proposed sign based on the request of the property owner and work session discussion by the Planning Commission. The proposed amendment would be applicable to all single occupancy buildings with a gross floor area of 100,000 square feet or larger on C-2 and C-3 District zoned properties within the Freeway Corridor District allowing for a dynamic display sign to be larger than 40 square feet as currently limited. Change of display for such a dynamic display sign would be limited to once every 24 hours as proposed by the property owner, but all other operational performance standards established by the City Code would continue to apply, including prohibiting animation within the display and limits on brightness. The physical design of the sign would allow for a display of up to 120 square feet and 20 feet in height, consistent with the sign proposed by Schneiderman’s Furniture, while maintaining requirements for integrating the dynamic display as part of a monument structure, requiring a 50 foot setback from residentially zoned property, and requiring the sign be located in a yard abutting a major collector or arterial street. 3 Consideration of the proposed Zoning Ordinance amendment requires the Planning Commission to consider possible effects of the proposed amendment. Its judgment is to be based upon, but not limited to, the following factors outlined in Section 11-3-3.E of the Zoning Ordinance: 1. 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. Comment: The policies of the 2008 Lakeville Comprehensive Land Use Plan include encouraging high quality commercial development and architectural standards at Interstate 35 interchanges that takes advantage of the visibility and access provided along the corridor. The Comprehensive Plan policies further state that signage for commercial properties is to be allowed to facilitate business identification but must not cause a negative aesthetic or potential driver distraction. The proposed Zoning Ordinance amendment appropriately balances the objectives of these policies and is consistent with the Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: The Freeway Corridor District was established to allow and regulate signs in a manner appropriate for the types of businesses and character of development occurring adjacent to I-35. The proposed Zoning Ordinance amendment defines provisions for the area and height of dynamic displays signs for the Freeway Corridor District consistent with the intent of the overall sign regulations for commercial properties within this area. Other existing performance standards adopted as part of the Zoning Ordinance and City Code to address land use compatibility will continue to apply to installation of dynamic display signs within the Freeway Corridor District to ensure compatibility with present and future and uses of the area. 3. The proposed use conforms with all performance standards contained in this code. Comment: The proposed amendment establishes area and height standards for dynamic display signs specific to the unique character and uses of the Freeway Corridor District. All other established performance standards applicable to the physical design and location of dynamic display signs, as well as provisions regulating the operation of the dynamic display sign allowed by the proposed amendment established in Section 3-22-7 of the City Code (including a 24 hour limit on change of display specific to these signs) will continue to be administered to ensure land use compatibility and traffic safety. 4. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. 4 Comment: The proposed amendment may be expected to generate additional applications for sign permits and dynamic display licenses; administration of these potential additional permit applications and licenses will be accommodated by existing City services. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Comment: The proposed ordinance amendment will not affect traffic generation on the streets serving applicable businesses within the Freeway Corridor District. CONCLUSION The Planning Commission will hold a public hearing on 1 June 2017 to consider the requested City Code and Zoning Ordinance amendment. City staff recommends approval of the requested amendment in the form attached hereto. c. Justin Miller, City Administrator David Olson, Community and Economic Development Director Andrea McDowell-Poehler, City Attorney ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 3-22-7.B.1 of the Lakeville City Code (Dynamic Display Signs –Performance Standards) is hereby amended to include the following definitions: 1.Change Of Display: The display shall change display not more often than: a.Once every twenty four (24) hours for signs within the Freeway Corridor District regulated by Section 11-23-15.T.3 of this Code; or, b.Once every seven (7) seconds for all other signs regulated by Section 11-23-15.T.2 of this Code. Section 3. Section 11-23-15.T. of the Lakeville City Code (Zoning Ordinance - Signs) is hereby amended to include the following provisions: 3.For single occupancy buildings with a gross floor area of one hundred thousand (100,000) square feet or larger within C-2 and C- 3 districts also within the freeway corridor district, as defined on the zoning map, one (1) electronic changeable copy or electronic graphic display sign may be allowed provided that: a.Operation: The operation of the electronic sign shall require issuance of a license pursuant to section 3-22-3 of this code. b.Location: (1) The sign shall be displayed only in a yard abutting an arterial, minor expander, minor connector or minor reliever street, collector or local commercial street as defined by the comprehensive plan. EXHIBIT A 2 (2) The sign shall be set back a minimum of fifty feet (50') from any side or rear lot line abutting a residential district. c. Sign Structure: (1) The electronic changeable copy or graphic display shall be incorporated as part of the freestanding sign allowed by subsection 11-23-19.G of this chapter. (2) The sign shall be a monument sign constructed as follows: (A) The electronic changeable copy or graphic display element shall not exceed one hundred twenty (120) square feet and shall be integral and contiguous to the overall sign display. (B) The sign shall be self-supported vertically by a solid base extending horizontally for a minimum of the entire width of the sign face. (C) The total height of the sign structure including the base shall not exceed twenty feet (20’). (D) The sign base and supporting material constructed of stone, brick, or decorative masonry shall be equal to at least forty percent (40%) of the total allowable sign area, but shall not be counted toward the sign area and shall not contain any sign copy. Section 3. 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 __________, 2017. CITY OF LAKEVILLE BY: __________________________ Douglas P. Anderson, Mayor 3 ATTEST BY: ________________________ Charlene Friedges, City Clerk