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VII.2. 715 Minnetonka Mills Road (Gethsemane Lutheran Church) - Conditional Use Permit for a Dynamic Sign; Lindahl December 1, 2020 City Council Report 2020-093 715 Minnetonka Mills Road (Gethsemane Lutheran Church) Conditional Use Permit for a Dynamic Sign at an Institutional Use in a Residential Zone Proposed Action: Staff recommends the Planning & Zoning Commission approve the following motion: Move to adopt Resolution 2020-062, approving a conditional use permit for 715 Minnetonka Mills Road allowing a dynamic sign at an institutional use in a residential zone. Overview The applicant, Pastor John Nelson of Gethsemane Lutheran Church, requests approval of a conditional use permit (CUP) for the property located at 715 Minnetonka Mills Road to allow placement of a new dynamic (electronic) sign. The applicant plans to replace their existing ground sign located along Highway 7 with a new dynamic message center. The subject property is zoned R-4, Medium High Density Residential. In September of this year, the City amended the Zoning Code to allow dynamic signs on public or institutional uses in residential zones subject to the approval of a conditional use permit. That same zoning code text amendment also decreased the minimum display time from 24 hours to 20 minutes and added other operational standards intended to mitigate the potential impact of dynamic signs on passing traffic or adjacent uses. Based on the findings detailed in the report, both the Planning & Zoning Commission and staff recommend approval of this request. Primary Issues to Consider ● Background ● Conditional Use Permit Review ● Alternatives Supporting Documents ● Resolution 2020-062 ● Email Comment from Robert Diamond ● Site Location Map ● Applicant’s Narrative & Plans _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2020-093 Page 2 BACKGROUND The applicant plans to replace their existing ground sign located along Highway 7 with a new dynamic message center (see attached narrative and plans). Dynamic signs (also known as electronic signs) include signs that appear to have movement or change without changing or removing the signs physical components. The applicant plans to remove their existing ground sign and replace it with a new dynamic message center on the same sign base and in the same location. The proposed dynamic sign will be 6’ high and 10’ wide totaling 60 square feet. This is the maximum size of a sign allowed on an institutional use in a residential zone. The dynamic portion of the sign will be 4’ by 10’ or 40 square feet while the static portion will be 2’ by 10’ or 20 square feet. As a result, the dynamic portion will amount to 66 percent of the total sign area. Planning & Zoning Commission Action. The Planning & Zoning Commission reviewed this item (Planning Application 2020-24) during their November 24, 2020 meeting. During the meeting, the Commission heard a presentation from staff and held a public hearing that produced no direct comments. However, the City did receive one email comment prior to the public hearing opposed to the proposal. That comment came from Robert Diamond of 555 Oak Ridge Place #230. Mr. Diamond opposed the proposal citing concerns with the dynamic sign causing distractions and potential traffic problems. The Planning & Zoning Commission discussed this item including the fact that the City recently approved dynamic sign standards that were specifically intended to mitigate the potential impacts of dynamic signs on surrounding residential uses and automobile traffic. Based on the fact that the staff report finds the proposed dynamic sign will be in compliance with the City’s dynamic sign standards, the Commission voted to recommend the City Council approve this request. Legal Authority. Conditional use permit applications are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if an application meets these requirements it should be approved. The City may choose to add conditions of approval that are directly related to the conditional use permit standards. CONDITIONAL USE PERMIT REVIEW In evaluating a conditional use permit application, the Planning & Zoning Commission and City Council shall consider and require compliance with the general standards for conditional use permit found in City Code Part III, Chapter 102, Article III, Section 102-94 and the specific standards for dynamic signs detailed in City Code Part III, Chapter 102, Article XXI, Section 102-729. A detailed review of these standards is provided below. Based on this review, staff recommends approval of this request. Section 525.13, Subdivision 15. General Standards for Conditional Use Permits. a) The consistency with the elements and objectives of the City's development plan, including the comprehensive plan and any other relevant plans at the time of the request. Finding: The 2040 Comprehensive Plan – Cultivate Hopkins Future Land Use guides the subject property as General Urban which is consistent with the existing institutional (church) use. This future land use classification is located in three distinct areas: along either side of City Council Report 2020-093 Page 3 11th Avenue South; on either side of Highway 7 west of 5th Avenue North/Oakridge Road (the subject property); and in the southwest quadrant of the Highway 169 and Highway 7 interchange. The existing character of these compact moderate to high density residential neighborhoods include a range of attached multiple family and apartment units of varying scale and height. They are designed around large blocks with internal street systems that provide good vehicle connections. The planned development pattern calls for moderate to high density residential and accessory uses such as parks and neighborhood scaled public and institutional uses. Scale and height should be compatible with existing and planned character with densities typically ranging from 5 to 40 units per acre. These areas should be well connected to transit and support adjacent Centers. b) Consistency with this ordinance; Finding: As proposed, the new sign appears to be consistent with the City’s updated dynamic sign regulations. The specific zoning standards for dynamic signs are addressed below. c) Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development; Finding: Staff finds this standard is not applicable to the proposed dynamic sign. d) Creation of a functional and harmonious design for structures and site features, with special attention to the following: 1.) An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community; Finding: Staff finds this standard is not applicable to the proposed dynamic sign. 2.) The amount and location of open space and landscaping; Finding: Staff finds this standard is not applicable to the proposed dynamic sign. 3.) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses. Finding: The proposed dynamic sign will be located on top of the existing brick base used by the existing ground sign. The existing sign base is made of brick that matches the exterior materials of the church building. 4.) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior City Council Report 2020-093 Page 4 drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangements and amount of parking. Finding: Staff finds this standard is not applicable to the proposed dynamic sign. e.) Promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading; Finding: Staff finds this standard is not applicable to the proposed dynamic sign. f.) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses, and; Finding: The applicant’s plans call for the proposed dynamic sign to be located adjacent to Highway 7 and perpendicular to this road consistent with the orientation requirements for dynamic signs (see below). This location will place the sign where it will provide the greatest visibility for the church and least impact on adjacent residential uses. g.) The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor tend to or actually diminish and impair property values within the neighborhood. Finding: The proposed dynamic sign will be located and operated in conformance with the zoning regulations for dynamic signs so that it will not be injurious to the use and enjoyment of other property in the immediate vicinity or diminish and impair property values within the neighborhood. h.) In Institutional zoning districts, the Conditional Use Permit application shall comply with the standards, conditions and requirements stated in Section 542.03 of this Ordinance. Finding: Section 542.03 provides for standards related to a conditional use that includes demolition or removal of dwelling units and does not apply to this application. i.) Traffic impacts such as increases in vehicular traffic, changes in traffic movements, traffic congestion, interference with other transportation systems or pedestrian traffic, and traffic hazards shall be considered by the Planning & Zoning Commission and City Council in evaluating an application for a Conditional Use Permit. Finding: The potential for electronic signs to distract passing drivers or impact adjacent properties were primary concerns when developing the dynamic sign regulations. As a result these regulations include location and operational standards specifically intended to mitigate these potential impacts (see below for details). Sec. 102-729. – Dynamic Signs. City Council Report 2020-093 Page 5 1. District Limitations: All dynamic signs shall comply with the zoning and road classification standards listed below and the performance standards detailed in this section. A conditional use permit shall be required for any dynamic signs located on a property adjacent to any residential use or district. a. Business, Business Park or Institutional Districts. Dynamic signs may be located on properties within the B-3 - General Business, B-4 - Neighborhood Business, Business Park or Institutional zoning districts, provided the property has frontage along a principal arterial or minor reliever road as designated in the comprehensive plan. b. Residential Districts. Dynamic signs may be located on public and institutional uses within a residential zone, provided the property has frontage on a principal arterial, minor reliever or major collector road as designated in the comprehensive plan and subject to approval of a conditional use permit. Finding: The subject property is zoned R-4, Medium High Density Residential and it has frontage along Highway 7 which is designated as a principal arterial by the 2040 Comprehensive Plan. As a result, this site is eligible for a dynamic sign through approval of a conditional use permit. 2. Location: The sign must be located on the site of the use identified or advertised by the sign. Finding: The new dynamic sign shall only display information associated with Gethsemane Lutheran Church and its activities that occur at 715 Minnetonka Mills Road. 3. Orientation: Electronic signs must be positioned so as to limit their impact on adjacent residential uses. At a minimum, such signs shall be positioned perpendicular to the adjacent public right-of-way. Finding: The applicant’s plans call for the proposed dynamic sign to be located adjacent to Highway 7 and perpendicular to this road. This location will place the sign where it will provide the greatest visibility for the church and least impact on adjacent residential uses. 4. Type of Sign: Dynamic signs are limited to ground signs only as defined in this Article. Finding: The proposed dynamic sign will be a ground sign. 5. Text Size and Legibility: The following minimum text sizes shall apply to all dynamic signs. If a sign is located on a corner with streets that have differing speed limits, the minimum text size shall be based on the standard for the higher speed limit to ensure maximum legibility. City Council Report 2020-093 Page 6 Minimum Text Sizes for Dynamic Signs Speed Limit of Adjacent Road Minimum Text Size 25 to 34 MPH 7” 35 to 44 MPH 9” 45 to 54 MPH 12” 55 MPH or More 15” Finding: The posted speed limit for the section of Highway 7 adjacent to the subject property is 50 MPH. Based on the chart above, the minimum text sizes for this dynamic sign shall be 12 inches. 6. Mode: Dynamic signs shall only be allowed to operate in a static mode. Animation, motion or video displays are prohibited. Any change from one static display to another must be instantaneous and shall not include any distracting effects, such as dissolving, spinning or fading. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. Finding: The proposed dynamic sign shall comply with the above sign mode standards. The applicant shall provide more information about the signs operational mode as part of their sign permit. 7. Size and Number of Dynamic Display: The dynamic portion of any sign shall not exceed eighty (80) percent of the total allowable area of the sign. The remaining twenty (20) percent of the allowable sign area cannot have dynamic capabilities even if it is not used. Each site can have only one dynamic sign and that sign can have only one dynamic display. Finding: According to the applicant’s narrative and sign plans, the proposed dynamic sign will be 6’ high by 10’ wide totaling 60 square feet. This is the maximum size of a sign allowed on an institutional use in a residential zone. The dynamic portion of the sign will be 4’ by 10’ or 40 square feet while the static portion will be 2’ by 10 or 20 square feet. As a result, the dynamic portion will amount to 66 percent of the sign and complies with the eighty (80) percent maximum dynamic display standard. 8. Minimum Display Time: The minimum display time shall be twenty (20) minutes. One exception to this standard would be for time, date and temperature signs which the federal court has acknowledged as a justifiable exception to limitations on variable message signs. The time, date and temperature information may change no faster than once every three (3) City Council Report 2020-093 Page 7 seconds, provided that the display of this information remains for at least twenty (20) minutes before changing to another display. Finding: The proposed dynamic sign shall conform to the above minimum display time standards. The applicant shall provide more specific information about the minimum display time settings with their sign permit. 9. Brightness: Dynamic signs shall not exceed a maximum illumination of five thousand (5,000) nits during daylight hours and a maximum illumination of five hundred (500) nits between dusk to dawn as measured from the sign's face at maximum brightness. All dynamic sign applications shall include certification from the sign's manufacturer that the sign has been preset to conform to the luminance levels noted above and these settings are protected from end users' manipulation by password protected software. Finding: The applicant’s plans do not include brightness information. This shall be included with the sign permit application. The proposed dynamic sign shall conform to the above brightness standards. 10. Color: Dynamic signs may use multiple colors within the display but the use of color shall not create distraction or a hazard to the public health, safety or welfare. No portion of the display may change in color or color intensity in any manner. Each line of text in any direction shall be uniform in color. Finding: The applicant’s plans do not include color information. This shall be included with the sign permit application. The proposed dynamic sign shall conform to the above color standards. 11. Operation: All dynamic signs shall be equipped with a means to immediately discontinue the display if it malfunctions. The owner of a dynamic sign must immediately cease operation of their sign when notified by the city that it fails to comply with the standards of this chapter. The dynamic sign shall remain inoperable until such time that the owner demonstrates to the city that the device is in satisfactory working condition and conforms to the standards of this chapter. Appeals of the city's direction regarding the operation of a dynamic sign shall follow the appeals process outlined in Chapter 102, Article III, Section 102-96, "Board of Appeals and Adjustments." Finding: The applicant’s plans do not include operational information. This shall be included with the sign permit application. The proposed dynamic sign shall conform to the above operational standards. 12. Application to Existing Signs: The dynamic sign standards shall apply to all existing and future dynamic signs, unless otherwise determined by the city that an existing sign qualifies as a nonconforming use under state statute or this code. Any existing dynamic sign that cannot meet the minimum text size as required by the speed limit must use the largest size possible for one line of copy to fit in the available display space. City Council Report 2020-093 Page 8 Finding: The applicant is proposing a new dynamic sign that shall comply with all the applicable standards. ALTERNATIVES 1. Vote to Approve. Voting to approve the conditional use permit for the property located 715 Minnetonka Mills Road will allow the placement of a dynamic sign at an institutional use in a residential zone. 2. Vote to Deny. Voting to deny the conditional use permit for the property located at 715 Minnetonka Mills Road will not allow the placement of a dynamic sign at an institutional use in a residential zone. Should the City Council considers this option, the Council must also identify findings that support this alternative. 3. Continue for Further Information. If the City Council finds that further information is needed this items should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2020-062 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR 715 MINNETONKA MILLS ROAD (PID 24-117-22-12-0006) ALLOWING A DYNAMIC SIGN AT AN INSTITUTIONAL USE IN A RESIDENTIAL ZONE WHEREAS, the applicant, Pastor John Nelson on behalf of Gethsemane Lutheran Church, initiated an application for a conditional use permit allowing a dynamic (electronic) sign at an institutional use in a residential zone at the property located at 715 Minnetonka Mills Road (PID 24-117- 22-12-0006), and; WHEREAS, these properties are legally described as in Exhibit A (attached); and WHEREAS, the procedural history of the application is as follows: 1. That the above stated application was initiated by the applicant on October 22, 2020; 2. That the Hopkins Planning and Zoning Commission, pursuant to published and mailed notice, held a public hearing on the application and reviewed such application on November 24, 2020: all persons present were given an opportunity to be heard; and, 3. That written comments and analysis of City staff were considered; and, 4. That during the November 24, 2020 regular meeting the Planning & Zoning Commission of the City of Hopkins approved a motion to recommend the City Council approve this item. WHEREAS, The City Council of the City of Hopkins reviewed this item during their December 1, 2020 meeting and agreed with the findings and recommendation of the Planning & Zoning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins approves a conditional use permit allowing a dynamic (electronic) sign at an institutional use in a residential zone at the property located at 715 Minnetonka Mills Road (PID 24-117-22-12-0006) based on the findings detailed in City Council Report 2020-093 and the recommendation of the Planning & Zoning Commission, subject to the conditions listed below. 1. Conformance with all general standards for conditional use permit found in City Code Part III, Chapter 102, Article III, Section 102-94. 2. Conformance with the specific standards for dynamic signs detailed in City Code Part III, Chapter 102, Article XXI, Section 102-729. 3. Approval of all necessary permits from the Building, Engineering and Fire Departments. Adopted this 1st day of December, 2020. ____________________________________ ____________________________________ Amy Domeier, City Clerk Jason Gadd, Mayor Exhibit A: Legal Description THAT PART OF W 1/2 OF NE 1/4 DESC AS FOL COM AT A PT ON N LINE OF SAID W 1/2 OF NE 1/4 DIS 524.5 FT E FROM NW COR THOF TH S PARALLEL WITH W LINE THOF TO S LINE OF STATE HWY NO 7 AND ACTUAL PT OF BEG TH CONTINUING S ALONG SAID PARALLEL LINE TO THE INTERSECTION WITH A LINE RUNNING W AT R/A TO E LINE OF SAID W 1/2 OF NE ¼ FROM A PT THON DIS 1312.12 FT S FROM NE COR THOF TH E ALONG LAST DESC LINE TO W LINE OF E 486.87 FT OF SAID W 1/2 OF NE 1/4 TH N ALONG SAID W LINE TO S LINE OF STATE HWY NO 7 TH WLY TO BEG EXCEPT ROAD From:Robert Diamond To:Jason Lindahl Subject:[EXTERNAL] Church sign Date:Sunday, November 22, 2020 12:54:14 PM Dear Mr. Lindahl: I do not like the idea of a dynamic electronic display sign on their existing monument. I feel that could cause distraction and potential traffic problems and is not necessary. The church should advertise in other fashion to get new congregants. Thank you, Robert Diamond 555 Oak Ridge Place, #230 Hopkins, MN 55305 Site Location Map 715 Minnetonka Mills Road Gethsemane Lutheran Church Conditional Use Permit Application 3. We believe this conditional use request fits the parameters of ordinance 2020-1157 for the following reasons:  The requested sign is a grounded dynamic sign replacing an existing monument sign that is physically on site of the property that will use the sign, according to section 2 and 4 of ordinance 2020-1157.  The requested sign is located along major collector road as designated in the comprehensive ordinance plan of ordinance 2020-1157, section 1b.  This dynamic sign is also perpendicular to the property as to limit the impact on adjacent residential uses, per section 3 of ordinance 2020-1157  This use permit applies to a sign measuring 6’ft x 10’ft with a dynamic display section measuring 4”ft x 10’ft. The dynamic display is 80% of total signage and will only operate static images, according to section 6 & 7 of ordinance 2020-1157. The remaining 20% of total signage will only consist of vinyl graphics.  The sign is equipped with the capability to be turned off or discontinued should the sign malfunction. SCOPE Uninstal existing sign a week before delivery of new sign. New sign to be delivered pre-assembled on crate. Install new sign cabinet to existing concrete base. Apply vinyl graphics per design to display case.