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CR 10-109 Zoning Ordinance Amendment - Signs• • • GI' ' OF 1* November 30, 2010 Council Report 10-109 H O P K I N S ZONING ORDINANCE AMENDMENT — SIGNS Proposed Action Original motion: Adopt Resolution 10-26A, denying Ordinance 10-1015, allowing electronic changing signs to chane every 20 minutes. Second motion: Adopt Resolution 10-26B, approving Ordinance 10-1015 for first reading, amendin the ordinance to allow electronic chanaing signs to change every 20 minutes with one of the following restrictions on placement of the signs: • B-3 district • B-3 district abutting state and county roads • B-3 district with a minimum frontage of some amount of feet • B-3 district abutting state and county road with a minimum frontage of some amount of feet. Overview The City has received an application for a zoning amendment from Holiday Companies for an electronic message center below the gas price sign. Although Holiday wants to change their sign, the amendment would affect more than their location. Holiday currently has a manually changeable sign on their pylon at the southwest corner of Excelsior Boulevard and 1 lth Avenue South. The proposed amendment would allow this type of signage in the B-3 zoning district that abuts state and county roads. Under the current code, Holiday could put up an electronic message center that allowed the sign to change once in a 24-hour period. Holiday originally proposed that the sign change every eight seconds. Attached is the proposed ordinance that will allow an electronic sign to change every 20 minutes in the B-3 zoning district. Primary Issues to Consider • What is the proposed amendment? • What does the existing ordinance allow for a changeable sign? What was the discussion at the Zoning and Planning meeting on May 25? What was the discussion at the work session on September 28? Supporting Documents • Analysis of Issues • Sign Plans/Maps • Resolution 10-26A Resolution 10-26B Ordinance 10-1015 Nanc . Anderson, AICP Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR10-109 Page 2 • Primary Issues to Consider • What is the proposed amendment? The proposed amendment would allow electronic changeable signs that change every 20 minutes, and these signs would be allowed in the B-3 zoning district abutting state and county roads. The existing ordinance allows electronic signs, but they can change only once every 24 hours. • What does the existing ordinance allow for a changeable sign? The existing sign ordinance states the following: "Changeable copy sign — a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Changeable copy signs do not include signs upon which characters, letters or illustrations change or rearrange only once in a 24-hour period." • What was the discussion at the Zoning and Planning meeting on May 25? Ms. Anderson reviewed the reasons for the proposed ordinance being returned to the Commission for another review. Ms. Anderson reviewed with the Commission the following: • Property has to abut state or county roads, an advantage these properties would have over properties that do not abut a state or county road. • Frontage requirements • Views of sign from residential properties The Commission discussed allowing other B-3 properties not abutting a state or county road to have changeable signs, the frontage requirements and the distance from residential properties. The Commission is recommending that the frontage requirements be removed. The Commission recommended that the signs will be allowed to change every 20 minutes in properties abutting state and county roads. What was the discussion at the work session on September 28? The two main items of discussion were how often the sign should change and where the signs should be located. There was considerable discussion on both of these topics. The Planning Commission indicated they would be in favor of a sign change rate from 8 seconds to 20 minutes and limiting the signs to B-3 zoning districts abutting state and county roads. The City Council did not have a consensus on the time for signs to change or the locations allowed. Alternatives 1. Approve the amendment to the zoning ordinance. By approving the amendment to the zoning ordinance, the sign ordinance will be amended to allow electronic signs to change every 20 minutes. 2. Deny the amendment to the zoning ordinance. By denying the amendment to the zoning CR10-109 Page 3 ordinance, the sign ordinance will not be amended. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. If this option is considered, Holiday stations will have to agree to grant additional time. • • Customer, I4OLIDAY STATIONS Location: #261 HOPKINS, MN 4'-9 " 28.5 SQ FT. 3'-9,, 22.5 SQ FT. 11-0" fi SO FT - T -3,- T_ 3'-3" 21.65 SQ FT. Le: lPra:pare By: I':'.:: CdO c>Ip•.7 Ra1'A+IheIL"i C11G1Y11Rlg C prld4lhd.b;. xl Clkl6R.[i. PhIS IX p: ad 10!29109 INI uhxkl tllkaG see ln�nad pka Pxtie lcmad P6 uL-0vi aiedgubltkeVgp e Name: Revisi 62746 - R1 - 4X6 €D SIG14 WITH 3X6 EMC X EXISTING DY7ISUI®W�101111COINHIY 7w2Pem wsMMwfiw Signlf/aLt�3`�Ani3ge�i�daas Poll= YKMUM 0UM42" PhJ 1-800-843-9888 City of Hopkins Zoning Map R-1 -E Areas of B3 Zoning Districts Zoning Districts R -1-A SINGLE AND TWO FAMILY HIGH DENSITY R -1-B SINGLE FAMILY HIGH DENSITY R -1-C SINGLE FAMILY MEDIUM DENSITY R - 1-D SINGLE FAMILY LOW DENSITY R -1-E SINGLE FAMILY LOW DENSITY R-2 LOW DENSITY MULTIPLE FAMILY R-3 MEDIUM DENSITY MULTIPLE FAMILY R-4 MEDIUM HIGH DENSITY MULTIPLE FAMILY R. 5 HIGH DENSITY MULTIPLE FAMILY R-5 MEDIUM DENSITY MULTIPLE FAMILY B-1 LIMITED BUSNIESS B-2 CENTRAL BUSINESS B-3 GENERAL BUSINESS i, 5-4 NEIG14BORI-100D BUSINESS 1-1 INDUSTRIAL 1-2 GENERAL INDUSTRIAL BUS114ESS PARK INSTITUTIONAL 0 750 1,500 3,000 4,500 6,000 Feet ! City of Hopkins Zoning Map R -1-E Areas of B3 Zoning Districts With Frontage on a State or County Highway R -1-D • 8/6/10 Zoning Districts R -1-A SINGLE AND TWO FAMILY HIGH DENSITY R 1.6 SINGLE FAMILY HIGH DENSITY R -1C SINGLE FAMILY MEDIUM DENSITY R -1-D SINGLE FAMILY LOVJ DENSITY R -1-E SINGLE FAMILY LOW DENSITY R-2 LOW DENSITY MULTIPLE FAMILY R-3 MEDIUM DENSITY MULTIPLE FAMILY P.-4 MEDIUM HIGH DENSITY MULTIPLE FAMILY P.-5 HIGH DENSITY MULTIPLE FAMILY R-6 MEDIUM DENSITY MULTIPLE FAMILY B-1 LILAITEDBUSNIESS 6-2 CENTRAL BUSINESS 6.3 GENERAL BUSINESS B-4 NEIGHBORI IOOD BUSINESS 1-1 INDUSTRIAL I-2 GENERAL INDUSTRIAL BUSINESS PARR INSTITUTIONAL 0 750 1,500 3,000 4,500 6,000 Feet Roadway Characteristics in Areas of 133 Zoning Districts AREA ROAD NAME CLASS LANES TRAFFIC COUNT SPEED 4 & 5 MN TH 7 Hwy 7 Principal Arterial 4 30,500 45 US 169 Hwy 169 Principal Arterial 4 92,000 55 1 CSAH 3 Excelsior Blvd A -Minor Reliever 4 25,400 40 2 CSAH 61 Shady Oak Rd A -Minor Reliever 2 (4) 11,300 30 4 CSAH 73 Hopkins Cross Road A -Minor Reliever 4 11,200 35 6 & 7 CSAH 20 Blake Rd Major Collector 4 13,650 35 g Main Street Collector 2 5500 30 9 11th Avenue Major Collector 4-2 9500 30 3 1711, Avenue B Minor 2 15,500 30 City of Hopkins Zoning Map P -1-E e Areas of 133 Zoning Districts With Frontage on a State or County Highway and 370 ft of total frontage ... -,... I- lip, I ® s Staff understands thisB3area,t1a have Tess then 200'ft Of fronface t • 8/6/10 Zoning Districts R -1-A SINGLE AND TWO FAMILY HIGH DENSITY R 1-13 SINGLE FAMILY HIGH DENSITY R -1-C SINGLE FAMILY MEDIUM DENSITY R -1-D SINGLE FAMILY LOW DENSITY R -1-E SINGLE FAMILY LOW DENSITY R-2 LOW DENSITY IYULTIPLE FAMILY R-3 MEDIUM DENSITY MULTIPLE FAMILY R-4 MEDIUM HIGH DENSITY MULTIPLE FAI14ILY I' r. R-5 HIGH DENSITY MULTIPLE FAMILY EM E R -B MEDIUM DENSITY MULTIPLE FAMILY B.1 1-I1:4n ED BUSNIESS B 2 CENTRALBUSINESS 6.3 GENERAL BUSINESS B-4 NEIGHBORI IOOD BUSINESS 1.1 INDUSTRIAL 1-2 GENERAL INDUSTRIAL BUSINESS PARK _ INS muTIONAL 0 750 1,500 3,000 4,500 6,000 Feet P. -1-D City of Hopkins Zoning Map Areas of 133 Zoning Districts With Frontage on a State or County Highway and 200 ft of total frontage 3 3/6/10 R-1 -A SII:GLE AND TWO FAMILY HIGH DENSITY R -1-B SINGLE FAMILY HIGH DENSITY R.1 -C SINGLE FAMILY MEDIU?.A DENSITY R.1 -D SINGLE FAMILY LOW DENSITY P. -1-E SINGLE FAMILY LOW DENSITY R-2LOW DENSITY MULTIPLE FAMILY R-3 MEDIUM DENSITY MULTIPLE FAMILY R -V MEDIUM HIGH DENSITY MULTIPLE FAMILY - R-5 HIGH DENSIT-Y MULTIPLE FAMILY R-6 MEDIUM DENSITY MULTIPLE FAMILY B.1 U rAITEDBUSNIESS B-2 CENTRAL BUSINESS 4 13.3 GENERAL BUSINESS [: B-4 NEIGI180RI1000 BUSINESS 11 INDUSTRIAL 1-2 GENERAL INDUSTRIAL BUSINESS PARK INSTITUTIONAL 0 750 1,500 3,000 4,500 6,000 1 ,— x _ 1 —_ m Feet • • • D C 0 4 0 0 0 0 0 o D L'C 0 Cr1 x `o' a. c 0 0 a �CD 0 D CD (n a a D CD 0 -1 iAM • , " ss u r < ' 9TH L� iAM MJ cn a CL O G �j , O o O CD o G G N O o d Go CD (D O -n ? 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IA CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 10-26A RESOLUTION MAKING FINDINGS OF FACT AND DENYING OF AN ORDINANCE AMENDMENT TO THE SIGN ORDINANCE WHEREAS, an application for Zoning Amendment ZN10-1 has been made by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendment was made by Holiday Companies on January 22, 2010; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on February 23, 2010, March 30, 2010, and May 25, 2010: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN10-1 is hereby denied based on the following Findings of Fact: 1. That the Planning Commission and the City Council considered amending the sign ordinance to allow dynamic signs to change at an interval more than once every 24 hours. 2. That other cities sign ordinances were considered. 3. That the existing sign ordinance is adequate for the City. Adopted this 7th day of December 2010. Eugene J. Maxwell, Mayor ATTEST: Terry Obennaier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 10-26B RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN ORDINANCE AMENDMENT TO THE SIGN ORDINANCE WHEREAS, an application for Zoning Amendment ZN10-1 has been made by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: That an application for zoning amendment was made by Holiday Companies on January 22, 2010; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on February 23, 2010, March 30, 2010, and May 25, 2010: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN10-1 is hereby approved based on the following Findings of Fact: 1. That the Planning Commission and the City Council considered amending the sign ordinance to allow dynamic signs to change at an interval more than once every 24 hours. 2. That other cities sign ordinances were considered. 3. That a 20 -minute interval between messages is an acceptable interval. 4. That it was determined that the appropriate area for dynamic signs is the B-3 district abutting State and County Roads. Adopted this 7th day of December 2010. Eugene J. Maxwell, Mayor • ATTEST: Terry Obennaier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 10-1015 AN ORDINANCE ALLOWING DYNAMIC SIGNS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: 570.05 Subd. 66. Dynamic changeable copy sign. An electronic changeable copy sign capable of displaying and by remote or automatic means changing or rearranging the words, symbols, figures or images it displays. Other definitions listed in Section 515.07 are to be renumbered accordingly. 570.44 Dynamic Changeable Copy Sign Subd. 1. District. A site within the B-3 district having frontage on a state or county road. Subd. 2. Type. The dynamic sign may be located on a freestanding sign and shall be the lowest sign or a maximum high of 15 feet. Subd. 3. Direction. The face or display of the dynamic sign must be perpendicular to the boundary of any residential district separated by a public right-of-way, abutting and/or adjoining Subd. 4. Number of dynamic signs. There shall not be more than one (1) dynamic sign located on a lot. Subd. 5. Maximum display area of dynamic signs. The sign area of a dynamic display sign shall not exceed thirty-two (32) square feet. The area of dynamic signs shall be included in the calculation of the total permitted sign area for the site. lay must contain Subd. 6. Character of the message and display. Signs of dig disth dynamic playing messages, including scrolling are nly static and stable text and/or images. Other p prohibited. Modes of display that cause the message to flash are prohibited. Subd. 7. Duration of the message. Any message on the display shall remain static or stable for a period of not less than twenty (20) minutes. The interval between serial messages or changes of the display shall be at least twenty (20) minutes. and e display to Subd. 8. Transition between messagsany special effectscinc including fading and another must be direct and immediate without dissolving. • 0 Subd. 9. Sound. Signs with dynamic display shall not emit sound. Subd. 10. Time. Dynamic display signs shall be turned off when the business is closed. Subd. 11. Maximum brightness and illumination. Dynamic signs shall be restricted in their illumination and brightness so that no sign with dynamic display may exceed a maximum illumination of .3 foot candles above ambient light levels as measured from one hundred (100) feet from the sign's face. All signs with dynamic displays must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this requirement. If there is a violation of the brightness standards, the adjustment must be made within one (1) business day upon notice of noncompliance from the city. Subd. 12. _Malfunctioning dynamic signs Signs with dynamic displays must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Signs with dynamic displays must also be equipped with a means to immediately discontinue the display if it malfunctions. Subd. 13. Noncompliance. Operation of a dynamic sign not in compliance with these regulations. The sign owner or operator must immediately turn off the display within one (1) hour of notification by email from the city that it is not complying with the standards of this ordinance. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date December 7, 2010 December 21, 2010 December 30, 2010 December 30, 2010 Eugene J. Maxwell, Mayor